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City Council Packet 2018 01-23-18 AGENDA CITY COUNCIL MEETING Tuesday, January 23, 2018 7:00 p.m. City Hall Council Chambers 800 Game Farm Road, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Seaver Tarulis Ken Koch Arden Joe Plocher Joel Frieders Alex Hernandez Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. PS 2018-03 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances (Liquor Control - Banquet Halls) – authorize the Mayor and City Clerk to execute 2. PS 2017-18 Ordinance Amending Title 3, Chapter 3 of the Yorkville City Code as it Relates to Various Liquor License Fees – authorize the Mayor and City Clerk to execute 3. PW 2018-02 Water Department Reports for October, November, and December 2017 4. PW 2018-05 MFT Resolution for 2018 Road to Better Roads Program – authorize the City Clerk to execute 5. ADM 2018-02 Monthly Treasurer’s Report for November and December 2017 6. ADM 2018-06 Resolution Approving an Intergovernmental Agreement for the Sharing of Services, Staff and Equipment between Oswego, Yorkville, Montgomery and Sugar Grove – authorize the Mayor and City Clerk to execute Minutes for Approval: Bills for Payment (Informational): $1,086,023.72 Mayor’s Report: 1. CC 2018-04 Riverfront Park Improvements – Change Order No. 1 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda January 23, 2018 Page 2 Public Works Committee Report: 1. PW 2018-06 Letter of Support to IDOT for Funding for Intersection Improvement at Route 47 and Galena Road and for Expansion of the Northern Illinois Route 47 Corridor 2. PW 2018-07 Wyland National Mayors Challenge for Conservation Economic Development Committee Report: 1. EDC 2018-07 Resolution Authorizing a Service Agreement for Building Plan Review and Inspections with B & F Construction Services, Inc. Public Safety Committee Report: 1. PS 2017-19 KenCom Intergovernmental Agreements a. Ordinance Approving an Intergovernmental Agreement between the United City of Yorkville and Kendall County Emergency Phone Service and Communications Board (Tyler/New World Security and Operations Fees) b. Ordinance Approving an Intergovernmental Agreement between the United City of Yorkville and Kendall County Emergency Phone Service and Communications Board (Tyler/New World Licensing and Maintenance Fees) 2. PS 2018-04 Ordinance Amending Title 3, Chapter 9 of the Code of Ordinances (Massage Establishments) Administration Committee Report: 1. ADM 2018-07 Aurora Area Convention and Visitors Bureau (AACVB) Marketing Plan Park Board: Planning and Zoning Commission: City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: Citizen Comments: Adjournment: City Council Agenda January 23, 2018 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: February 21, 2018 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Milschewski Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Funkhouser Committee: Alderman Hernandez ECONOMIC DEVELOPMENT: February 6, 2018 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Koch Community Development Planning & Zoning Commission Vice-Chairman: Alderman Colosimo Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Frieders Committee: Alderman Hernandez PUBLIC SAFETY: April 5, 2018 – 6:30 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Colosimo Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Plocher Committee: Alderman Funkhouser PUBLIC WORKS: February 20, 2018 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Frieders Public Works Park Board Vice-Chairman: Alderman Koch Engineering YBSD Committee: Alderman Milschewski Parks and Recreation Committee: Alderman Tarulis UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 23, 2018 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2018-03 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances (Liquor Control – Banquet Halls) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2017-18 Ordinance Amending Title 3, Chapter 3 of the Yorkville City Code as it Relates to Various Liquor License Fees □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2018-02 Water Department Reports for October, November, and December 2017 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2018-05 MFT Resolution for 2018 Road to Better Roads Program Engineering □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2018-02 Monthly Treasurer’s Report for November and December 2017 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2018-06 Resolution Approving an Intergovernmental Agreement for the Sharing of Services, Staff and Equipment between Oswego, Yorkville, Montgomery and Sugar Grove □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment (Informational) □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2018-04 Riverfront Park Improvements – Change Order No. 1 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2018-06 Letter of Support to IDOT for Funding for Intersection Improvement at Route 47 and Galena Road and for Expansion of the Northern Illinois Route 47 Corridor □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2018-07 Wyland National Mayors Challenge for Conservation □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2018-07 Resolution Authorizing a Service Agreement for Building Plan Review and Inspections with B & F Construction Services, Inc. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2017-19 KenCom Intergovernmental Agreements a. Ordinance Approving an Intergovernmental Agreement between the United City of Yorkville and Kendall County Emergency Phone Service and Communication Board (Tyler/New World Security and Operations Fees) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving an Intergovernmental Agreement between the United City of Yorkville and Kendall County Emergency Phone Services and Communications Board (Tyler/New World Licensing and Maintenance Fees) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2018-04 Ordinance Amending Title 3, Chapter 9 of the Code of Ordinances (Massage Establishments) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2018-07 Aurora Area Convention and Visitors Bureau (AACVB) Marketing Plan □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number PS 2018-03 New Liquor License Category – Banquet Halls City Council – January 23, 2018 PS – 1/4/18 Moved forward to CC consent agenda. PS 2018-03 Majority Approval Please see attached. Lisa Pickering Administration Name Department Summary Consideration of an amendment to the liquor code to create a new license category for banquet halls. Background Staff has received an inquiry from a business owner who is interested in opening a banquet hall in Yorkville. The city does not currently have a liquor license classification for banquet halls, so staff is proposing to create a new liquor license class. Staff is proposing to add a banquet hall definition and new license class to the liquor code. The proposed definition would be as follows: Banquet hall: Every building or public place kept, used, maintained, and held out to the public to be a place where banquets, weddings and other single day events and parties are catered to and where no other portion of the premises is used for any other purpose defined herein. The proposed license class would be as follows: BH – Banquet hall. Authorizes the licensee to sell alcoholic liquors for consumption on the premises only, of any banquet hall. Staff is proposing an annual license fee of $2,000.00 for banquet halls. Other Yorkville liquor licenses with an annual license fee of $2,000.00 are the golf course and hotel/motel liquor licenses. Public Safety Committee Recommendation: At the January 4th Public Safety meeting, the committee recommended an annual license fee of $1750.00 for banquet hall licenses. The attached ordinance has been updated to reflect an annual license fee of $1750.00 per committee direction. Recommendation Staff recommends approval of the attached ordinance. Memorandum To: City Council From: Lisa Pickering, Deputy Clerk CC: Bart Olson, City Administrator Date: January 12, 2018 Subject: Banquet Hall Liquor License Category Ordinance No. 2018-___ Page 1 Ordinance No. 2018-___ AN ORDINANCE AMENDING TITLE 3, CHAPTER 3, OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois (the “City”), that the Code of Ordinances of the United City of Yorkville is hereby amended as follows: Section 1. Title 3, Section 3-3-1 of the Code of Ordinances of the City is hereby amended by adding the following definition for a banquet hall: E. Banquet hall: Every building or public place kept, used, maintained, and held out to the public to be a place where banquets, weddings and other single day events and parties are catered to and where no other portion of the premises is used for any other purpose defined herein. Section 2. Title 3, Section 3-3-4, Subsection A (4) of the Code of Ordinances of the City is hereby amended by adding the following new classification for a liquor license: BH – Banquet hall. Authorizes the licensee to sell alcoholic liquors for consumption on the premises only, of any banquet hall. Section 3. Title 3, Section 3-3-5, Subsection B of the Code of Ordinances of the City is hereby amended by adding the following to number 4 under said Subsection B: BH – Banquet hall …………………………………………...$1,750.00 Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, 2018. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ Ordinance No. 2018-___ Page 2 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, 2018. _______________________________ Mayor Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number PS 2017-18 Liquor License Application and Fee Review City Council – January 23, 2018 PS – 01/04/18 Moved forward to CC consent agenda. PS 2017-18 Approval Majority Review of Liquor License Fees and Liquor License Application Fee with surrounding comparable communities. Erin Willrett Administration Name Department Summary Review of Liquor License Fees and Liquor License Application Fee with surrounding comparable communities. Update At the January 4, 2018 Public Safety meeting further justification was given for the reasoning behind the staff recommendations to the fees in regards to liquor licenses. Attached are the red-lined changes to the existing Ordinance as well as the clean copy of the Ordinance as proposed. The Committee discussed the merits behind the initial application fee increase to a total $350.00 (from the previously approved $100.00). And also the late fee of an additional $100.00 if the renewal application is not received between 30 and not less than 7 days prior to the end of the licensing period and a further fee of $750.00 if the renewal license is not received less than 7 days prior to the end of the licensing period. Additional language was added to clean up the process in which the liquor control commissioner determines which licenses to renew in the event that the City reduces the number of licenses below the number issued in the prior year and the applicants for the license does not decrease. Lastly, the fee table was discussed and was determined to increase the following license fees by $250.00: A1, R1, B, B-1, BG, CA, and M. Staff recommends the above increases for approval of the attached revision to Title 3 Chapter 3 Liquor Control to the City’s Codified Ordinances with the additional language/fees explained above. Background In summary, for each liquor license issued, the City spends 4-6 hours of staff time administering the licensing process. This is in exchange for the $100 first-time or changed application fee and why we recommended the fee to increase from $100 to $350. For each year thereafter, the City only charges an application fee if a renewal is turned in late. We recommended that the late fee increase as well. Outside of the licensing process, the City spends an undetermined and highly varying amount of hours on enforcement issues at each location throughout the year. These police activities can range from proactive (meetings with owners and managers) to reactive (disorderly conduct, noise). For some establishments, the amount of time spent responding to citizen inquiries and complaints can easily tally into dozens of hours. At a low level estimate of $40 per hour for staff responses (including police), a $1,500 annual license fee can easily be matched by any single response incident. Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: January 23, 2018 Subject: Liquor License Application and Fee Review - Recommendation Attached you will find a spreadsheet outlining selected liquor license categories with a brief description and current fees associated with those categories. Also attached is a similar spreadsheet outlining the initial application fee and associated fees for the same municipalities. The last comprehensive review of fees was completed in 1996. In reviewing both license category fees as well as liquor license application fees, staff observed that Yorkville was lagging behind in the amount charged for liquor license fees as well as the liquor application fee. In order to stay current within the close geographic area of communities, staff is recommending increases to the license fees and application fee. The license fee is proposed to go into effect May 1, 2018 and the application fee is proposed to take effect if it is approved by City Council. Recommendation Staff is recommending the increase of $250.00 per license fee for Class A1, R1, B, B1, BG, CA and M. Staff is also recommending a $250.00 increase of the initial liquor license application fee. This proposed increase would equal a total initial application fee of $350.00. Also, staff is recommending a late fee of $100.00 if the renewal application is not received between 30 and not less than 7 days prior to the end of the licensing period and a further fee of $750.00 if the renewal license is not received less than 7 days prior to the end of the licensing period. Title 3, Chapter 3 3-3-3: APPLICATION FOR LICENSE AND RENEWAL: The local liquor control commissioner shall grant liquor licenses in accordance with the provisions of the laws of the state of Illinois and provisions of this chapter. Any person desiring a license under this chapter shall make application to the local liquor control commissioner to be filed with the city clerk who shall provide a blank form for that purpose in such form as may be designated by the local liquor control commissioner. The application shall be sworn to by the applicant, if an individual, and by at least two (2) members of any partnership applying for such license. Applications by corporations shall be subscribed and sworn to by the president and attested by the secretary thereof. All nonrenewal applications shall include a nonrefundable license application fee of one hundred dollars ($100.00)three hundred and fifty dollars ($350.00) to cover application handling and the costs to conduct background investigations of the applicants. In addition to the application fee, a sum equal in amount to the license fee payable up until the next payment or renewal date shall also be deposited with the city clerk. Should the application be denied, the license fee deposit (not the application fee) shall be refunded to the applicant. All applications shall set forth such facts as may be necessary to show that the applicant is entitled to a license under the laws of the state and this chapter, including a description of the premises to be used by the licensee under the license. Each licensee shall make application for renewal of his or her license to the liquor control commissioner not less than fifteen (15)thirty (30) days but not less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of one hundred dollars ($100.00). Any renewal applicant submitting an application for renewal less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of seven hundred and fifty dollars ($750.00). If a renewal applicant is not timely in his renewal application, there will be an additional one hundred dollar ($100.00) fee assessed. The annual license fee for the license must accompany the renewal application. If the liquor control commissioner determines that the renewal application contains information that is in any way changed from the original application for license, in which case a new investigation of the license is necessary, a fee of one hundred dollars ($100.00)three hundred and fifty dollars ($350.00) shall be charged to the licensee to cover the costs of such investigation, in addition to the yearly license fee. If, after investigation, it is determined that the applicant is not entitled to a renewal license, the yearly license fee shall be returned. The charge for the investigation is nonrefundable. A renewal license shall be issued provided the licensee is entitled to receive a license and provided that the premises for which renewal license is sought are suitable for such purposes; provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the city. In the event that the city shall reduce the number of licenses below that number issued in the prior year and the number of applicants do not decrease such as to be equal to or less than the number of available licenses, the liquor control commissioner, in determining which licenses to renew such that the number of licenses is equal to the number of available licenses, may consider the date of application, may use the available licenses on the basis of date of application, years holding prior licenses, adequate service to areas in city, record of violations or any other reasonable basis. 3-3-5: LICENSE FEES AND TERMS: A. Each license shall commence on May 1 and shall terminate on April 30 next following the date of issuance. B. The yearly license structure fee is as follows: 1. Retail-tavern/bar: A1 - Beer, wine, liquor and package $1,500 .00$1,750.00 A2 - Beer, wine and liquor 1,200 .00 A3 - Beer, wine and liquor (service bar only) 1,000 .00 A4 - Beer and wine (service bar only) 800 .00 2. Restaurant: R1 - Beer, wine and liquor 1,000 .001,250.00 R2 - Beer, wine, and liquor (service bar only) 850 .00 R3 - Beer and wine (service bar only) 800 .00 R4 - Wine and liquor (service bar only) 800 .00 No charge shall be imposed for the holder of a restaurant license having on site entertainment. 3. Package: B - Beer, wine, and liquor (carryout only) 1,000 .001,250.00 B1 - Beer and wine (carryout only) 800 .001,050.00 4. Other licenses: BG - Bar and grill 1,200 .001,450.00 C - Club (nonprofit, private, fraternal) 500 .00 CA - Catering 500 .00750.00 G - Beer garden/patio service6 (available only to class A, R, or C license holders for an additional amount annually) 250 .00 GBS - Wine/beer/champagne gift basket sales 250 .00 GC - Golf course 2,000 .00 H - Hotel/motel - beer, wine and liquor 2,000 .00 M - Microbrewery/brewpub 1,500 .001,750.00 MD - Microdistillery 1,500 .00 SE - Special event (fee optional at mayor's discretion) 50 .00 SNC - Wine or beer at no charge in conjunction with an exhibition, instruction or service for which a fee is charged 10 .00 T - Temporary (fee is per permit) 35 .00 Ordinance No. 2018-___ Page 1 Ordinance No. 2018-___ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 3, CHAPTER 3 OF THE YORKVILLE CITY CODE AS IT RELATES TO VARIOUS LIQUOR LICENSE FEES WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to section 5/4-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 5/1-1 et seq.) the corporate authorities have the power to determine the regulations for the sale and consumption of alcoholic beverages in the City; and in addition pursuant to its powers to protect the public’s health, welfare and safety this Ordinance is hereby adopted. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: Section 3-3-3 of Title 3, Chapter 3 of the Yorkville City Code is hereby amended to read as follows: “3-3-3: APPLICATION FOR LICENSE AND RENEWAL: The local liquor control commissioner shall grant liquor licenses in accordance with the provisions of the laws of the state of Illinois and provisions of this chapter. Any person desiring a license under this chapter shall make application to the local liquor control commissioner to be filed with the city clerk who shall provide a blank form for that purpose in such form as may be designated by the local liquor control commissioner. The application shall be sworn to by the applicant, if an individual, and by at least two (2) members of any partnership applying for such license. Applications by corporations shall be subscribed and sworn to by the president and attested by Secthe secretary thereof. All nonrenewal applications shall include a nonrefundable license application fee of three hundred and fifty dollars ($350.00) to cover application handling and the costs to conduct background investigations of the applicants. In addition to the application fee, a sum equal in amount to the license fee payable up until the next payment or renewal date shall also be deposited with the city clerk. Should the application be denied, the license fee deposit (not the application fee) shall be refunded to the applicant. All applications shall set forth such facts as may be necessary to show that the applicant is entitled to a license under the laws of the state and this chapter, including a description of the premises to be used by the licensee under the license. Each licensee shall make application for renewal of his or her license to the liquor control commissioner not less than thirty (30) days prior to the end of the licensing period. If a renewal applicant is not timely in his renewal application, additional fees will be assessed. Any renewal applicant submitting an application Ordinance No. 2018-___ Page 2 for renewal less than thirty (30) days but not less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of one hundred dollars ($100.00). Any renewal applicant submitting an application for renewal less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of seven hundred and fifty dollars ($750.00). The annual license fee for the license must accompany the renewal application. If the liquor control commissioner determines that the renewal application contains information that is in any way changed from the original application for license, in which case a new investigation of the license is necessary, a fee of three hundred and fifty dollars ($350.00) shall be charged to the licensee to cover the costs of such investigation, in addition to the yearly license fee. If, after investigation, it is determined that the applicant is not entitled to a renewal license, the yearly license fee shall be returned. The charge for the investigation is nonrefundable. A renewal license shall be issued provided the licensee is entitled to receive a license and provided that the premises for which renewal license is sought are suitable for such purposes; provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the city. In the event that the city shall reduce the number of licenses below that number issued in the prior year and the number of applicants do not decrease such as to be equal to or less than the number of available licenses, the liquor control commissioner, in determining which licenses to renew such that the number of licenses issued is equal to the number of available licenses, may consider the date of application, years holding prior licenses, adequate service to areas in city, record of violations or any other reasonable basis.” Section 2: That the annual license fee for each class A1, R1, B, B1, BG, CA, and M liquor licenses as set forth in the table in Section 3-3-5B of Title 3, Chapter 3 of the Yorkville City Code is hereby increased by two hundred and fifty dollars ($250.00) such that the annual license fee for each of the aforementioned class of liquor license is as follows: A1 – Beer, wine, liquor and package: $1,750.00; R1 – Beer, wine and liquor: $1,250.00; B – Beer, wine and liquor (carryout only): $1,250.00; B1 – Beer and wine (carryout only): $1,050.00; BG – Bar and grill: $1,450.00; CA – Catering: $750.00; M – Microbrewery/brewpub: $1,750.00. Ordinance No. 2018-___ Page 3 Section 3: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2018. ______________________________ CITY CLERK CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2018. ____________________________________ MAYOR Attest: ______________________________ CITY CLERK Common Name: No restrictions barCommon Name: RestaurantCommon Name: Full retailCommon Name: Beer wine retailCommon Name:Hybrid Bar GrillCommon Name: CateringCommon Name: BrewpubCharacteristics: Can drink at the bar, can buy packages to take homeCharacteristics: Can drink at the bar, but majority of all revenue has to be derived from food serviceCharacteristics: Can buy beer, wine and spirits to take homeCharacteristics: Can buy beer and wine to take home.Characteristics: Can drink at the bar, but majority of all revenue has to be derived from food service during the day and unlimited during the nightCharacteristics: Can sell liquor to the general public for consumption at a private partyCharacteristics: Sell beer only on site for drinking onsite or to take home.Yorkville ClassA1Yorkville ClassR1Yorkville ClassBYorkville ClassB1Yorkville ClassBGYorkville ClassCAYorkville ClassMBAlgonquin $2,000.00 $1,500.00 $1,200.00 $700.00 N/A N/A $2,000.00Batavia1500 3$1,800.00 $750.00 $750.00 N/A $200.00 $1,300.00Dekalb 1$2,599.00 $3,431.00 $2,599.00 N/A N/A N/A N/AElburn $1,000.00 N/A $1,000.00 $1,000.00 N/A N/A N/AGeneva 2$2,000.00 N/A N/A N/A N/A N/A $2,500.00Gilberts N/A $1,200.00 $1,200.00 N/A N/A N/A N/ALemont $2,200.00 $2,000.00 $2,000.00 $1,500.00 N/A N/A N/ALockport $1,750.00 $1,250.00 $1,500.00 N/A N/A N/A N/AMontgomery $1,500.00 $1,000.00 $1,000.00 $750.00 N/A $1,000.00 N/ANorth Aurora N/A $2,650.00 $1,880.00 $1,880.00 N/A N/A $3,000.00Oswego $1,800.00 $1,500.00 $1,500.00 $1,200.00 N/A $550.00 $800.00Plainfield $1,900.00 $1,900.00 $1,500.00 N/A $1,800.00 $1,200.00 $1,900.00Plano $1,000.00 $750.00 $1,250.00 $1,250.00 N/A N/A N/ASugar Grove $1,900.00 $1,450.00 $1,250.00 N/A $1,850.00 $1,150.00 N/AAverage $1,786.27 $1,702.58 $1,433.00 $1,128.75 $1,825.00 $820.00 $1,916.67Yorkville current $1,500.00 $1,000.00 $1,000.00 $800.00 $1,200.00 $500.00 $1,500.00Recommendation $1,700.00 $1,200.00 $1,200.00 $1,000.00 $1,400.00 $700.00 $1,700.00Notes1Dekalb's Renewal Fee was used2Geneva's Renewal Fee was Used3Batavia A1 equivalent represents Tavern license plus package amount Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #3 Tracking Number PW 2018-02 Water Department Reports for October, November, and December 2017 City Council – January 23, 2018 PW - 01/16/18 Moved forward to CC consent agenda. PW 2018-02 Majority Approval Monthly water reports. Tom Konen Public Works Name Department 4.0 CI?, United City of Yorkville E.tk-ins WATER DEPARTMENT REPORT LE 0 OCTOBER 2017 MONTH I YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET) FEET) FEET) GALLONS) 4 1401 665 204 21,909,000 7 1527 1105 430 7,678,000 8 1384 840 170 19,352,000 9 1368 870 463 000 TOTAL TREATED 45,466,000 CURRENT MONTH'S PUMPAGE IS 9,066,000 GALLONS less THAN LAST MONTH 3,268,000 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED: 1,466,645 GALLONS DAILY MAXIMUM PUMPED: 1,903,000 GALLONS DAILY AVERAGE PER CAPITA USE:81.48 GALLONS WATER TREATMENT: CHLORINE: 777 LBS. FED CALCULATED CONCENTRATION: 3.0 MG/L FLUORIDE: 64 LBS. FED CALCULATED CONCENTRATION: 39 MG/L POLYPHOSPHATE:1295 LBS. FED CALCULATED CONCENTRATION: 1.33 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 27 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 0.75 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 11 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 MXU'S: 12 BATTERIES: 2 NEW CUSTOMERS: RESIDENTIAL: 19 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: C,T, United City ofityofYorestkWATERDEPARTMENTREPORT E 0).7 NOVEMBER 2017 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET) FEET) FEET) GALLONS) 4 1386 664 384 18,682,000 7 1527 1125 430 7,180,000 8 1384 840 450 15,370,000 9 1368 861 498 4,190,000 TOTAL TREATED 42,122,000 CURRENT MONTH'S PUMPAGE IS 3,344,000 GALLONS less THAN LAST MONTH 985,000 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED: 1,404,066 GALLONS DAILY MAXIMUM PUMPED: 2,113,000 GALLONS DAILY AVERAGE PER CAPITA USE:78.00 GALLONS WATER TREATMENT: CHLORINE: 918 LBS. FED CALCULATED CONCENTRATION: 3.0 MG/L FLUORIDE: 185 LBS. FED CALCULATED CONCENTRATION: 59 MG/L POLYPHOSPHATE: 1,156 LBS. FED CALCULATED CONCENTRATION: 97 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 27 SATISFACTORY 1 UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 0.75 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 2 BATTERIES REPLACED: 13 NEW CUSTOMERS: RESIDENTIAL: 14 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: Service break: Heaustis Street at Casa Santiago, Unknown amount lost. so o-T o United City of Yorkville WATER DEPARTMENT REPORT DECEMBER 2017 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET) FEET) FEET) GALLONS) 4 1386 664 384 21,018,000 7 1527 1125 430 7,233,000 8 1384 840 456 8,540,000 9 1368 861 509 8,649,000 TOTAL TREATED 41,987,000 CURRENT MONTH'S PUMPAGE IS 253,000 GALLONS less THAN LAST MONTH 1,410,000 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED: 1,354,419 GALLONS DAILY MAXIMUM PUMPED: 2,153,000 GALLONS DAILY AVERAGE PER CAPITA USE:75.24 GALLONS WATER TREATMENT: CHLORINE: 960 LBS. FED CALCULATED CONCENTRATION: 3.0 MG/L FLUORIDE: 129 LBS. FED CALCULATED CONCENTRATION: 74 MG/L POLYPHOSPHATE:1,119 LBS. FED CALCULATED CONCENTRATION: 97 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 27 SATISFACTORY 0 UNSATISFACTORY(EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 0.75 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 9 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 MXU'S: 20 BATTERIES REPLACED: 1 NEW CUSTOMERS: _ RESIDENTIAL: 22 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: Main breaks: 511 Madison Court: Lost 90,000 gallons. Route 47 and Beaver Street: Lost 360,000 gallons. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2018-05 2018 Road to Better Roads Program City Council – January 23, 2018 PW - 01/16/18 Moved forward to CC consent agenda. PW 2018-05 Majority Consideration of Approval MFT Resolution Consideration Brad Sanderson Engineering Name Department In accordance with the planned FY19 budget and Roads to Better Roads Program, we are proceeding with design of the 2018 program. The budgeted MFT portion of the Roads to Better Roads Program will be $460,000. Since MFT funds are being utilized to fund the project, IDOT requires the passing of a resolution to appropriate the funds. Accordingly, please see the attached Appropriation Resolution in the amount of $460,000. Staff is seeking approval of the resolution from the City Council. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: January 5, 2018 Subject: 2018 Roads to Better Roads Program t Resolution for MaintenanceDepartrnero0 of Transportation Under the Illinois Highway Code Resolution Number Resolution Type Section Number Original 18-00000-00-GM BE IT RESOLVED, by the Council of the City of Goveming Body Type Local Public Agency Type Yorkville Illinois that there is hereby appropriated the sum of four hundred sixty Name of Local Public Agency thousand and 00/100 Dollars ($460,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from 05/01/18 to 04/30/19 . Beginning Date Ending Date BE IT FURTHER RESOLVED,that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution,are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED,that City of Yorkville Local Public Agency Type Name of Local Public Agency shall submit within three months after the end of the maintenance period as stated above,to the Department of Transportation,on forms available from the Department,a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation,and BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit four(4)ceritified originals of this resolution to the district office of the Department of Transportation. i Beth Warren City Clerk in and for said City Name of Clerk Local Public Agency Type Local Public Agency Type of Yorkville in the State of Illinois,and keeper of the records and files thereof,as Name of Local Public Agency provided by statute,do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council of Yorkville at a meeting held on 01/23/18 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 23rd day of January, 2018 Month,Year SEAL) Clerk Signature APPROVED Regional Engineer Department of Transportation Date Printed 01/11/18 BLR 14220(Rev.03/13/17) Instructions for BLR 14220 This form shall be used when a Local Public Agency(LPA)wants to perform maintenance operations using Motor Fuel Tax(MFT)funds. Refer to Chapter 14 of the Bureau of Local Roads and Streets Manual(BLRS Manual)for more detailed information.This form is to be used by a Municipality or a County. Road Districts will use BLR 14221.For signature requirements refer to Chapter 2,Section 3.05(b)of the BLRS Manual. When filling out this form electronically,once a field is initially completed,fields requiring the same information will be auto-populated. Resolution Number Insert the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box,choose the type of resolution: Original would be used when passing a resolution for the first time for this project. Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement covered by the resolution. Governing Body Type From the drop down box choose the type of administrative body.Choose Board for County;Council or President and Board of Trustees for a City,Village or Town. LPA Type From the drop down box choose the LPA body type;County,City,Town or Village. Name of LPA Insert the name of the LPA. Resolution Amount Insert the dollar value of the resolution for maintenance to be paid for with MFT funds in words, followed by the same amount in numerical format in the 0. Beginning Date Insert the beginning date of the maintenance period.Maintenance periods must be a 12 or 24 month consecutive period. Ending Date Insert the ending date of the maintenance period. LPA Type From the drop down box choose the LPA body type;County,City,Town or Village. Name of LPA Insert the name of the LPA. Name of Clerk Insert the name of the LPA Clerk. LPA Type From the drop down box choose the LPA body type;County, City,Town or Village. LPA Type From the drop down box choose the LPA body type;County,City,Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body.Choose Board for County;Council or President and Board of Trustees for a City,Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day the Clerk signed the document. Month,Year Insert the month and year of the clerk's signature. Clerk Signature Clerk shall sign here. Approved The Department of Transportation representative shall sign and date here upon approval. A minimum of four(4)certified signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval,distribution will be as follows: Local Public Agency Clerk Engineer(Municipal,Consultant or County) District Compliance Review District File Printed 01/11/18 BLR 14220(Rev.03/13/17) ix ip Municipal Estimate of10IibloisDepartment of Transportation Maintenance Costs o .4 °L Submittal Type Original Maintenance Period Local Public Agency County Section Number Beginning Ending City of Yorkville Kendall 18-00000-00-GM 05/01/18 4/30/2019 Estimated Cost of Maintenance Operations Maint. For Group I, IIA, IIB or III Maintenance Operation Eng. Insp. Unit Item Est Total No.and Description)Group Req. Item Unit Quantity Price Cost Operation Cost Resurfacing IV Y 460,000.00 Add Row Total Estimated Maintenance Operation Cost $460,000.00 Estimated Cost of Maintenance Engineering Maintenance Program Estimated Costs Preliminary Engineering Estimated Cost MFT Portion Other Funds Engineering Inspection Maint Oper 460,000.00 460,000.00 0.00 Material Testing Maint Eng Advertising Totals 460,000.00 460,000.00 0.00 Bridge Inspections Total Estimated Maintenance Cost 460,000.00 Total Estimated Maintenance Engineering Cost Submitted Municipal Official Date Approved Regional Engineer Department of Transportation Date Title Mayor Printed 01/10/18 Page 1 of 1 BLR 14231 (Rev.05/16/17) Instructions for BLR 14231 This form shall be used when a Municipality wants to expend funds for a maintenance period.The maintenance estimate must include all operations to be funded with Motor Fuel Tax(MFT)funds. If operations are added during the maintenance period,a revised or supplemental estimate is required.All estimates of maintenance costs must be submitted to the district for approval prior to incurring any expenses.The amount of MFT funds expended on items covered in the estimate is limited to the amount of MFT funds appropriated in the maintenance resolution.IF rental equipment is included in the estimate, BLR 12110 must also be completed and submitted. For additional information refer to the Bureau of Local Roads and Streets Manual(BLRS),Chapter 14. For signature requirements refer to Chapter 2,Section 3.05(b)of the BLRS Manual. Submittal Type From the drop down,choose Original(being submitted for the first time), Revised(revising a previously approved submittal),or Supplemental(addition to estimate(s)already approved). Local Public Agency Insert the name of the municipality. County Insert the name of the County in which the municipality is located. Maintenance Period Beginning Insert the beginning date of the maintenance period.This must be 12 or 24 consecutive months.The dates must match those on the resolution. Ending Insert the ending date of the maintenance period,following the above guidelines. Estimated Cost of Maintenance Operations To aid in determining quantities for maintenance operations,the LPA may develop their own spreadsheet containing the following information. IDOT does not provide a form for this purpose. Location Surface Maintenance Operation Street/Road From To Existing Type Length Width No. Description Unit Quantity Maintenance Operations List each maintenance operations with a consecutive operation number. If an operation is not listed MFT funds cannot be expended for that operation. Maint. Engineering Group From the drop down,select the group number that applies to the maintenance operation to be performed.All maintenance operations shall require one of the following group designations. 1.Group I.Services purchased without a proposal such as electrical energy or materials purchased from Central Management Services'Joint Purchasing Program(www.purchase.state.il.us)or another joint purchasing program that has been approved by the District BLRS or Central BLRS. 2.Group II-A.Routine maintenance or maintenance items that do not require competitive sealed bids according to section 12-1.02(a)or local ordinance/resolution. 3.Group II-B. Routine maintenance items that require competitive sealed bids according to Section 12-1.02(a)or a local ordinance/resolution. Routine maintenance includes all items in the following work categories:snow removal,street sweeping,lighting and traffic signal maintenance,cleaning ditches or drainage structures,tree trimming or removal, mowing,crack sealing, pavement marking,shoulder maintenance, limited amounts of CC&G repair,scour mitigation, pavement patching and minor drainage repairs. 4.Group III.Maintenance items that are not covered by Group I or IIB and require competitive bidding with a material proposal or a delivery and install proposal. 5.Group IV. Maintenance items that are not covered by Group I or IIB and require competitive bidding with a contract proposal. Insp Req. From the drop down,select if the operation being performed requires an engineering inspection or N'if the operation does not need an engineering inspection. Item For Groups I, IIA, IIB(not performed by a formal contract),and III type operations list each item to be used in this maintenance operation. For Group IIB items being done by a formal contract and Group IV items list"by contract". Unit For Groups I, IIA, IIB(not performed by a formal contract),and III insert the unit of measure for each listed item. Quantity For Groups I, IIA, IIB(not performed by a formal contract),and III insert the estimated quantity for each listed item. Unit Price For Groups I, IIA, IIB(not performed by a formal contract),and III insert the estimated unit price for each listed item. Item Cost This is a calculated field,no entry is necessary. It calculates the quantity times the unit price. Est.Total Operation Cost For each operation listed, insert the total estimated cost of that operation. Total Estimated Maintenance This is a calculated field,no entry is necessary. It sums all the maintenance operations listed. Operation Cost Printed 01/10/18 BLR 14231(Rev.05/16/17) Estimated Cost of Maintenance Engineering Preliminary Engineering Insert the estimated cost for preliminary engineering.This will be calculated based on the maintenance engineering agreement. Engineering Inspection Insert the estimated cost of engineering inspection.This will be calculated based on the maintenance engineering agreement. Material Testing Insert the estimated cost of material testing,if applicable. Advertising Insert the estimated cost of advertising,if applicable. Bridge Inspections Insert the estimated cost of bridge inspections, if applicable.This will be calculated based on the engineering agreement. Total Estimated Maintenance This is a calculated field, no entry is necessary. It sums all the maintenance engineering costs listed. Engineering Costs Maintenance Program Estimated Costs Estimated Costs For maintenance,insert the total estimated maintenance operation costs. For Maintenance Engineering,this will be automatically inserted based on the estimated engineering costs from the maintenance engineering table.The totals will automatically calculate. MFT Portion For each type insert the MFT funds estimated to be used for that type.The totals will automatically calculate. Other Funds For each type insert the amount of other funds estimated to be used for that type.The totals will automatically calculate. Totals This is a calculate field,no entry is necessary. It sums the total for estimated cost,MFT portion and other funds. Submitted The proper municipal official shall insert their title and date here. Approved Upon approval the Regional Engineer shall sign and date here. A minimum of four(4)signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval,distribution will be as follows: Municipal Clerk Engineer(Municipal or Consultant) District Compliance Review District File Printed 01/10/18 BLR 14231 (Rev.05/16/17) ()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-)()-()-()-()-()-()-()-()-()-()-()- ()- ()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( )-)()-()-()-()-()-()-()-()-()-()-()- ()- ()-()-()- Madison StMadison CtBridgeSpring Main MillVan Emmon Park Somonauk Center Benjamin OrangeState TeriDeerapl e McHughElm KingOmahaLibertyB a r b e r r y HeustisWashington WackerJackson BruellFreemontBeaverMorganChurchAdrian Ka BristolColonial Madison Coltonhite Oak Blaine F o x b o r o Wolf ked CreekElizabeth BadgerGardenGame FarmAdamsGawneWi n d s o r Ridge Illini Wooden BridgeOlsenWest Walter Martin Wood SaWoodworthDolph WorsleyHydraulic Woodland AuburnSandersOakwoodTowerDydyna R Behrens Marie SpruceBellOx f o r d JohnsonBatorTomasikVictoria Beecher Appletree Rodak Buck t hor n JeffersonB u h r ma s t e r Spicebush Wooddale StateRidge MainDolph MainS c h o ol h o u s eMorganMainHydraulic Legend 2018 RTBR PROGRAM ()-()-()- ( )-()-()-()-TimberCreek ArcadiaPavillion LegionHighview Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 PROPOSED 2018 RTBR PROGRAM LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: September 2017 YO1739 YO1739_2018 Road Program .MXD H:\GIS\PUBLIC\YORKVILLE\2017\ MJT United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350 ³IL Route 71 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number ADM 2018-02 Monthly Treasurer’s Report for November and December 2017 City Council – January 23, 2018 ADM – 01/17/18 Moved forward to CC consent agenda. ADM 2018-02 Majority Approval Rob Fredrickson Finance Name Department Beginning Fund Balance November Revenues YTD Revenues Revenue Budget % of Budget November Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund 01 - General 6,214,089$ 835,611$ 10,425,168$ 15,137,621$ 69%1,410,704$ 8,772,414$ 15,721,945$ 56%7,866,843$ Special Revenue Funds 15 - Motor Fuel Tax 792,224 38,030 275,408 494,116 56%27,560 338,094 756,137 45%729,537 79 - Parks and Recreation 445,877 146,418 1,320,988 1,899,933 70%142,144 1,151,453 1,977,311 58%615,413 72 - Land Cash 250,316 5,119 93,684 90,500 104%99,530 497,450 362,355 137%(153,450) 87 - Countryside TIF (495,753) 2 198,294 225,000 88%96,564 157,146 163,516 96%(454,605) 88 - Downtown TIF 97,556 549 76,186 70,000 109%8,357 737,234 1,132,742 65%(563,492) 11 - Fox Hill SSA 14,742 0 9,366 9,365 100%1,165 6,978 23,000 30%17,130 12 - Sunflower SSA (15,776) 173 13,480 13,480 100%1,332 15,180 29,735 51%(17,476) Debt Service Fund 42 - Debt Service - 26,644 188,852 320,225 59%200 23,575 320,225 7%165,277 Capital Project Funds 25 - Vehicle & Equipment 270,408 33,357 256,282 329,845 78%12,246 257,432 599,925 43%269,258 23 - City-Wide Capital 1,355,529 23,480 820,185 2,705,765 30%653,651 2,833,601 3,669,526 77%(657,887) Enterprise Funds *51 - Water 2,826,145 45,516 2,495,666 4,297,767 58%465,709 2,157,008 5,158,503 42%3,164,803 *52 - Sewer 1,378,031 107,793 1,576,099 2,604,442 61%74,579 719,454 3,005,500 24%2,234,676 Library Funds 82 - Library Operations 489,054 11,792 682,812 719,057 95%52,586 405,657 803,154 51%766,209 83 - Library Debt Service - 8,354 759,449 760,396 100%- 95,198 760,396 13%664,251 84 - Library Capital 19,904 4,351 44,658 35,010 128%3,767 23,362 35,000 67%41,200 Total Funds 13,642,346$ 1,287,189$ 19,236,577$ 29,712,522$ 65%3,050,095$ 18,191,235$ 34,518,970$ 53%14,687,688$ * Fund Balance Equivalency Rob Fredrickson, Finance Director/Deputy Treasurer UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending November 30, 2017 Cash Basis As Deputy Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Beginning Fund Balance December Revenues YTD Revenues Revenue Budget % of Budget December Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund 01 - General 6,214,089$ 1,122,438$ 11,547,606$ 15,137,621$ 76%1,153,950$ 9,913,472$ 15,721,945$ 63%7,848,223$ Special Revenue Funds 15 - Motor Fuel Tax 792,224 38,806 314,213 494,116 64%89,564 427,658 756,137 57%678,780 79 - Parks and Recreation 445,877 132,279 1,453,267 1,899,933 76%165,774 1,317,227 1,977,311 67%581,917 72 - Land Cash 250,316 9,758 103,442 90,500 114%11,591 509,042 362,355 140%(155,283) 87 - Countryside TIF (495,753) - 198,294 225,000 88%898 158,043 163,516 97%(455,502) 88 - Downtown TIF 97,556 - 76,186 70,000 109%3,273 740,507 1,132,742 65%(566,765) 11 - Fox Hill SSA 14,742 - 9,366 9,365 100%8,292 15,271 23,000 66%8,837 12 - Sunflower SSA (15,776) - 13,480 13,480 100%1,316 16,496 29,735 55%(18,792) Debt Service Fund 42 - Debt Service - 26,856 215,709 320,225 67%297,400 320,975 320,225 100%(105,267) Capital Project Funds 25 - Vehicle & Equipment 270,408 46,193 302,476 329,845 92%7,916 275,018 599,925 46%297,865 23 - City-Wide Capital 1,355,529 278,325 1,098,510 2,705,765 41%208,095 3,040,136 3,669,526 83%(586,097) Enterprise Funds *51 - Water 2,826,145 695,318 3,190,984 4,297,767 74%1,168,087 3,325,095 5,158,503 64%2,692,035 *52 - Sewer 1,378,031 356,853 1,932,952 2,604,442 74%1,598,002 2,317,455 3,005,500 77%993,527 Library Funds 82 - Library Operations 489,054 3,608 686,420 719,057 95%70,938 476,595 803,154 59%698,879 83 - Library Debt Service - 472 759,920 760,396 100%665,198 760,395 760,396 100%(475) 84 - Library Capital 19,904 11,576 56,234 35,010 161%7,515 30,877 35,000 88%45,261 Total Funds 13,642,346$ 2,722,482$ 21,959,059$ 29,712,522$ 74%5,457,808$ 23,644,261$ 34,518,970$ 68%11,957,144$ * Fund Balance Equivalency Rob Fredrickson, Finance Director/Deputy Treasurer UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending December 31, 2017 Cash Basis As Deputy Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #6 Tracking Number ADM 2018-06 IGA for Shared Services, Staff and Equipment City Council – January 23, 2018 ADM – 01/17/18 Moved forward to CC consent agenda. ADM 2018-06 Majority Approval Discussion of an IGA for Shard Services, Staff and Equipment between the Village of Oswego, City of Yorkville,Village of Montgomery and Village of Sugar Grove. Erin Willrett Administration Name Department Summary Approval of an Intergovernmental Agreement with Oswego, Montgomery and Sugar Grove for services, staff and equipment. Background This item has been discussed between the municipalities and all feel there are opportunities to share different knowledge, expertise and equipment. The goal of the shared services study has always been to cooperate with one another to provide high quality, cost effective services to the respective residents in each community. The attached proposed IGA is another way of doing that with regard to municipal services. Process This IGA will allow the Administrators and/or their representatives to advise each other of services that are needed and each community will independently determine whether they are able to offer assistance for all or a portion of the request. No community shall be obligated to provide assistance. Time assisting another community will be tracked in 15 minute increments and invoiced on a monthly basis to the requesting community. Potential Examples One example for sharing of services is an onerous FOIA. While only having 5 business days to complete a FOIA request, sharing of services may be a useful tool that the municipalities can take advantage of. One municipality may share documents and have another community’s staff redact personal identifiers, and other information that would be easily identified as information to be redacted. The requesting municipality would have to outline the exact parameters of what is to be redacted. Currently, information sharing does take place between the municipalities when a question arises or a denial takes place. A few other service sharing ideas is the licensing process (liquor, massage, business, etc…) and other items like typing minutes or other clerical processes. The details need to be worked out in all of these processes and there will be a fair amount of discussion between the communities on each shared service, staff and/or piece(s) of equipment because each item is very distinct to the municipality. Recommendation Staff recommends approval of the Shared Services Intergovernmental Agreement with Oswego, Montgomery and Sugar Grove. Memorandum To: Administration Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: December 20, 2017 Subject: IGA for the Sharing of Services, Staff and Equipment Between the Village of Oswego, City of Yorkville, Village of Montgomery and Village of Sugar Grove Resolution No. 2018-___ Page 1 Resolution No. 2018-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF SERVICES, STAFF AND EQUIPMENT BETWEEN THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS AND THE VILLAGE OF SUGAR GROVE, KANE COUNTY, ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (“City”) and the Village of Oswego, Kendall and Will Counties, Illinois, the Village of Montgomery, Kane and Kendall Counties, Illinois and the Village of Sugar Grove, Kane County, Illinois (the “Villages”) are duly organized and validly existing units of local government created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and, WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any powers, privileges, functions or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred or enjoyed jointly with another public agency; and, WHEREAS, the communities of Oswego, Yorkville, Montgomery and Sugar Grove experience variations in workload from time to time that may strain an individual community’s resources; and, WHEREAS, many tasks require the same knowledge, expertise and equipment across communities, and there are opportunities to share different knowledge, expertise and equipment; and, WHEREAS, the essential goal is that the City and Villages cooperate with one another to provide high quality, cost effectives services to their respective residents. Resolution No. 2018-___ Page 2 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Intergovernmental Agreement for the Sharing of Services, Staff, and equipment Between the Village of Oswego, Kendall and Will Counties, Illinois, the Village of Montgomery, Kane and Kendall Counties, Illinois, the Village of Sugar Grove, Kane County, Illinois and the United City of Yorkville, Kendall County, Illinois, attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement on behalf of the United City of Yorkville. Section 2. The Mayor, City Clerk, and City Administrator are hereby authorized and directed to undertake any and all actions as may be required to implement the terms of said Agreement. Section 3. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____ day of ____________________, 2018. ______________________________ CITY CLERK CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of ____________________, 2018. ______________________________ MAYOR Attest: ___________________________________ City Clerk Page 1 of 9 INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF SERVICES, STAFF AND EQUIPMENT BETWEEN THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS, AND THE VILLAGE OF SUGAR GROVE, KANE COUNTY, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) by and between the Village of Oswego, Kendall and Will Counties, Illinois (“Oswego”) a home rule municipal corporation of the State of Illinois, the United City of Yorkville, Kendall County, Illinois (“Yorkville”) a non-home rule municipal corporation of the State of Illinois, the Village of Montgomery, Kane and Kendall Counties, Illinois (“Montgomery”), a non-home rule municipal corporation of the State of Illinois, and the Village of Sugar Grove, Kane County, a non-home rule municipal corporation of the State of Illinois, (sometimes collectively referred to as the “Communities”or “Parties” or individually as “Community” or “Party”) entered into this ____ day of ________________, 2017. W I T N E S S E T H: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and, WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any powers, privileges, functions or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred or enjoyed jointly with another public agency; and, Page 2 of 9 WHEREAS, the Communities of Oswego, Yorkville, Montgomery and Sugar Grove experience variations in workload from time to time that may strain an individual community’s resources; and, WHEREAS, many tasks require the same knowledge, expertise and equipment across Communities, and there are opportunities to share different knowledge, expertise and equipment; and, WHEREAS, the essential goal is that the Communities cooperate with one another to provide high quality, cost effective services to their respective residents. NOW, THEREFORE, in consideration of the mutual promises, obligations and undertakings hereafter set forth, the Communities agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. The Communities hereby designate their respective Village Administrators (“Administrators”) to coordinate with one another on an “as needed” basis, with regard to the services required for the effective, efficient operation of municipal services. The Administrators and/or their representatives shall advise each other of the date and time such services are to be provided. The Communities shall independently determine whether they are able to offer assistance for all or a portion of the requested duration. No Community shall be obligated to provide assistance. Section 3. Except when such assistance is requested under another intergovernmental agreement or shared service program such as ILEAS, IPWMAN or similar, the Communities shall agree to reimburse hourly wages plus employer-paid benefits, inclusive of IMRF and taxes but exclusive of set-rate benefits including health insurance, for time worked assisting another Page 3 of 9 Community. The Communities shall provide an anticipated hourly rate for employees assisting another municipality in advance of the shared service being initiated. Section 4. Such shared staffing or service time may include remote assistance through the use of various technologies, so that the employee may remain at his or her place of employment to assist the other Communities. Time assisting another Community shall be tracked in 15 minute increments and invoiced on a monthly basis to the requesting Community. Section 5. When on-site assistance or equipment is requested, the requesting Community shall provide an anticipated time and duration for such shared service request. Section 6. Any Workers’ Compensation or Liability Claim arising in the course a shared staffing period shall be paid by the Workers’ Compensation Policy of the community with whom the employee is employed on a regular basis. Section 7. Nothing in this Agreement shall be deemed to change or alter the jurisdiction of the Communities in any respect, including, their respective powers and duties. Section 8. This Agreement and the rights of the Parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the units of government as the Parties hereto. Section 9. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such Page 4 of 9 modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 10. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt If to the Village of Oswego: Village Administrator Village of Oswego 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman and Cross 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City of Yorkville: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 If to the Village of Montgomery: Village Administrator Village of Montgomery 200 N. River Street Montgomery, Illinois 60538 With a copy to: Laura M. Julien Mickey, Wilson, Weiler, Renzi & Andersson, P.C. 140 S. Municipal Drive Sugar Grove, Illinois 60542 If to the Village of Sugar Grove: Village Administrator Page 5 of 9 Village of Sugar Grove 10 S. Municipal Drive Sugar Grove, Illinois 60554 With a copy to: Laura M. Julien Mickey, Wilson, Weiler, Renzi & Andersson, P.C. 140 S. Municipal Drive Sugar Grove, Illinois 60542 Or any such other person, counsel or address as any Party hereto shall specify pursuant to this Section from time to time. Section 11. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 12. This Agreement represents the entire agreement between the Parties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein, this Agreement supersedes any other prior written or oral agreements between the Parties and may not be further modified except in writing acknowledged by each Party. Section 13. Nothing contained in this Agreement, nor any act of any of the respective Communities pursuant to this Agreement, shall be deemed or construed by any of the Parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving any of the Communities. Further, nothing in this Agreement should be interpreted to give any Community control over the other’s employees or imply a power to direct the employees of the other government body, which neither entity may exercise. Section 14. When performing pursuant to the terms of this Agreement, the Communities intend that any injuries to their respective employees shall be covered and handled exclusively by their jurisdiction’s own worker’s compensation insurance in place at the time of Page 6 of 9 such injury. It is further agreed that all employee benefits, wage and disability payments, pension and worker’s compensation claims, damage to or destruction of equipment, facilities, clothing and related medical expenses of the Communities and their respective employees, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the employee making such a claim. Section 15. The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the respective insurance carrier(s) to the Communities at the addresses set forth herein. Before starting inspections hereunder, the Parties shall obtain the following insurance at a minimum: (a) Worker’s Compensation, in compliance with the laws of the jurisdiction where the work is being performed, (b) Employer’s comprehensive general liability insurance for both personal injury and property damage in the minimum amount of $1,000,000 for each accident, (c) Comprehensive business automobile liability insurance in the minimum amount of $1,000,000 combined single limit, (d) Comprehensive excess liability insurance with a combined minimum single limit of $1,000,000 for each occurrence, with a minimum $1,000,000 aggregate. Certificates of such insurance detailing the coverage therein shall be available to the other party upon execution of this Agreement. No Party waives its immunities or defenses, whether statutory nor common law by reason of the indemnification and insurance provisions contained in this Agreement. Section 16. This Agreement shall be in full force and effect for a period of three (3) years from the date of the last signature below, and may be renewed upon agreement of the Parties in writing; provided however, any Party may terminate this Agreement by providing Page 7 of 9 thirty (30) calendar days’ advance written notice to the other Parties. In such a case, this Agreement shall remain in full force and effect as to and between the remaining Parties. Section 17. This Agreement may be amended only with written consent of all Parties hereto. Section 18. Oswego, Yorkville, Montgomery, and Sugar Grove each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. Page 8 of 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: __________________________________ Mayor Attest: _______________________________ City Clerk Village of Oswego, Kendall and Will Counties, Illinois, a municipal corporation By: ___________________________________ Village President Attest: _____________________________ Village Clerk Village of Montgomery, Kane and Kendall Counties, Illinois, a municipal corporation By: ___________________________________ Village President Page 9 of 9 Attest: _____________________________ Village Clerk Village of Sugar Grove, Kane County Illinois, a municipal corporation By: __________________________________ Village President Attest: _______________________________ Village Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Bills for Payment Tracking Number Bills for Payment (Informational): $1,086,023.72 City Council – January 23, 2018 None – Informational Amy Simmons Finance Name Department 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/16/18 UNITED CITY OF YORKVILLE TIME: 09:43:14 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 01/16/18CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526172 DCONST D. CONSTRUCTION, INC. 1700047.4 01/10/18 01 ENGINEER'S PAYMENT ESTIMATE 23-230-60-00-6025 48,674.77 02 #3 AND FINAL - 2017 MFT STREET ** COMMENT ** 03 MAINTENANCE PROGRAM ** COMMENT ** 04 ADDITIONAL WORK ** COMMENT ** INVOICE TOTAL: 48,674.77 * 1700047.4X 01/10/18 01 ENGINEER'S PAYMENT ESTIMATE 23-230-60-00-6025 8,789.58 02 #3 - 2017 MFT STREET ** COMMENT ** 03 MAINTENANCE PROGRAM ORIGINAL ** COMMENT ** 04 CONTRACT ** COMMENT ** INVOICE TOTAL: 8,789.58 * CHECK TOTAL: 57,464.35 526173 DCONST D. CONSTRUCTION, INC. 1700052.3 01/10/18 01 ENGINEER'S PAYMENT ESTIMATE 23-230-60-00-6084 11,193.60 02 #3 AND FINAL - COUNTRYSIDE ** COMMENT ** 03 PARKWAY/CENTER PARKWAY ** COMMENT ** 04 RESURFACING ** COMMENT ** INVOICE TOTAL: 11,193.60 * CHECK TOTAL: 11,193.60 TOTAL AMOUNT PAID: 68,657.95Page 1 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526426 AACVB AURORA AREA CONVENTION 11/17-SUNSET 01/10/18 01 NOV 2017 SUNSET HOTEL TAX 01-640-54-00-5481 41.40 INVOICE TOTAL: 41.40 * 12/18-ALL 01/10/18 01 DEC 2017 ALL SEASONS HOTEL TAX 01-640-54-00-5481 35.77 INVOICE TOTAL: 35.77 * CHECK TOTAL: 77.17 526427 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0742974-IN 12/13/17 01 PHOTOCELLS, FUSES, LAMPS 15-155-56-00-5642 195.78 INVOICE TOTAL: 195.78 * 0743682-IN 12/15/17 01 HIGH PRESSURE SODIUM LAMP 15-155-56-00-5642 59.40 INVOICE TOTAL: 59.40 * 0745105-IN 12/21/17 01 PHOTOCONTROL, PRESSURE SODIUM 15-155-56-00-5642 320.58 02 LAMP ** COMMENT ** INVOICE TOTAL: 320.58 * 0745217-IN 12/22/17 01 PHOTOCONTROL 15-155-56-00-5642 42.51 INVOICE TOTAL: 42.51 * CHECK TOTAL: 618.27 526428 ARNESON ARNESON OIL COMPANY 206254 12/23/17 01 DEC 2017 DIESEL FUEL 01-410-56-00-5695 677.51 02 DEC 2017 DIESEL FUEL 51-510-56-00-5695 677.51 INVOICE TOTAL: 1,355.02 * 207264 12/31/17 01 DEC 2017 DIESEL FUEL 01-410-56-00-5695 1,117.66 02 DEC 2017 DIESEL FUEL 51-510-56-00-5695 1,117.66 INVOICE TOTAL: 2,235.32 * CHECK TOTAL: 3,590.34Page 2 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526429 ATT AT&T 6305536805-1217 12/25/17 01 12/25-01/24 SERVICE 51-510-54-00-5440 226.49 INVOICE TOTAL: 226.49 * CHECK TOTAL: 226.49 526430 ATTINTER AT&T 7468729305 12/10/17 01 12/10-01/09 ROUTER 01-110-54-00-5440 496.60 INVOICE TOTAL: 496.60 * CHECK TOTAL: 496.60 526431 BCBS BLUE CROSS BLUE SHIELD 010818 01/08/18 01 FEB 2018 HEALTH INS 01-110-52-00-5216 9,028.30 02 FEB 2018 HEALTH INS 01-120-52-00-5216 4,056.62 03 FEB 2018 HEALTH INS 01-210-52-00-5216 57,198.64 04 FEB 2018 HEALTH INS 01-220-52-00-5216 5,325.68 05 FEB 2018 HEALTH INS 01-410-52-00-5216 10,261.20 06 FEB 2018 HEALTH INS 01-640-52-00-5240 5,975.33 07 FEB 2018 HEALTH INS 79-790-52-00-5216 12,082.44 08 FEB 2018 HEALTH INS 79-795-52-00-5216 6,433.61 09 FEB 2018 HEALTH INS 51-510-52-00-5216 11,129.29 10 FEB 2018 HEALTH INS 52-520-52-00-5216 4,032.08 11 FEB 2018 HEALTH INS 82-820-52-00-5216 5,325.68 INVOICE TOTAL: 130,848.87 * CHECK TOTAL: 130,848.87 526432 BENNETTG BENNETT, GARY L. 010218 01/02/18 01 01/01-07/01 BRUSH DISPOSAL 01-540-54-00-5443 600.00 INVOICE TOTAL: 600.00 * CHECK TOTAL: 600.00Page 3 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526433 BPAMOCO BP AMOCO OIL COMPANY 52129077 12/24/17 01 DEC 2017 GASOLINE 01-210-56-00-5695 546.05 INVOICE TOTAL: 546.05 * CHECK TOTAL: 546.05 526434 BSNSPORT BSN/PASSON'S/GSC/CONLIN SPORTS 901283111 12/21/17 01 YOUTH BASKETBALL T-SHIRTS 79-795-56-00-5606 7,567.99 INVOICE TOTAL: 7,567.99 * 901283115 12/21/17 01 INSTANT KOLD PAKS 79-795-56-00-5606 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 7,642.99 526435 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0118 01/15/18 01 DEC 2017 ADMIN LINES 01-110-54-00-5440 380.95 02 DEC 2017 CITY HALL NORTEL 01-110-54-00-5440 146.86 03 DEC 2017 CITY HALL NORTEL 01-210-54-00-5440 146.86 04 DEC 2017 CITY HALL NORTEL 51-510-54-00-5440 146.86 05 DEC 2017 POLICE LINES 01-210-54-00-5440 890.42 06 DEC 2017 CITY HALL FIRE 01-210-54-00-5440 165.08 07 DEC 2017 CITY HALL FIRE 01-110-54-00-5440 165.08 08 DEC 2017 PUBLIC WORKS LINES 51-510-54-00-5440 1,290.80 09 DEC 2017 SEWER LINES 52-520-54-00-5440 452.51 10 DEC 2017 PARKS LINES 79-790-54-00-5440 52.37 11 DEC 2017 RECREATION LINES 79-795-54-00-5440 182.58 12 DEC 2017 TRAFFIC SIGNAL 01-410-54-00-5435 49.88 13 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 4,070.25 * CHECK TOTAL: 4,070.25 526436 CAMBRIA CAMBRIA SALES COMPANY INC.Page 4 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526436 CAMBRIA CAMBRIA SALES COMPANY INC. 39375 01/08/18 01 PAPER TOWELS 52-520-56-00-5620 62.34 INVOICE TOTAL: 62.34 * CHECK TOTAL: 62.34 526437 CARSTAR CARSTAR RO2164 12/01/17 01 2016 CHEVY IMPALA ACCIDENT 01-640-56-00-5625 2,461.04 02 REPAIRS ** COMMENT ** 03 DEDUCTIBLE FOR 2016 CHEVY 01-210-54-00-5495 500.00 04 ACCIDENT REPAIRS ** COMMENT ** INVOICE TOTAL: 2,961.04 * CHECK TOTAL: 2,961.04 526438 CENSOD CENTRAL SOD INV131690 12/21/17 01 PALLETS OF SOD 72-720-60-00-6043 444.00 INVOICE TOTAL: 444.00 * INV131857 12/27/17 01 SOD 79-790-56-00-5640 227.00 INVOICE TOTAL: 227.00 * CHECK TOTAL: 671.00 526439 CENTRALL CENTRAL LIMESTONE COMPANY, INC 11845 12/01/17 01 NOV 2017 GRAVEL 72-720-60-00-6043 609.62 INVOICE TOTAL: 609.62 * CHECK TOTAL: 609.62 526440 COMED COMMONWEALTH EDISON 0185079109-1217 12/28/17 01 11/27-12/28 420 FAIRHAVEN 52-520-54-00-5480 170.22 INVOICE TOTAL: 170.22 *Page 5 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526440 COMED COMMONWEALTH EDISON 0435113116-1217 01/03/18 01 11/29-01/02 BEECHER & RT34 15-155-54-00-5482 124.21 INVOICE TOTAL: 124.21 * 0903040077-1217 12/28/17 01 11/20-12/28 MISC STREET LIGHTS 15-155-54-00-5482 2,762.13 INVOICE TOTAL: 2,762.13 * 0908014004-1217 12/29/17 01 11/30-12/29 6780 RT47 51-510-54-00-5480 90.88 INVOICE TOTAL: 90.88 * 0966038077-1217 12/27/17 01 11/22-12/27 456 KENNEDY RD 15-155-54-00-5482 129.83 02 11/22-12/27 456 KENNEDY RD 01-410-54-00-5482 6.00 INVOICE TOTAL: 135.83 * 1407125045-1217 01/02/18 01 11/29-01/02 FOXHILL 7 LIFT 52-520-54-00-5480 116.15 INVOICE TOTAL: 116.15 * 2019099044-1217 01/05/18 01 11/08-12/11 4600 BRIDGE TANK 51-510-54-00-5480 63.52 INVOICE TOTAL: 63.52 * CHECK TOTAL: 3,462.94 526441 COMED COMMONWEALTH EDISON 2947052031-1217 12/28/17 01 -11/27-12/28 RIVER & RT47 15-155-54-00-5482 459.27 INVOICE TOTAL: 459.27 * CHECK TOTAL: 459.27 526442 COMED COMMONWEALTH EDISON 2961017043-1217 12/27/17 01 11/22-12/27 PRESTWICK LIFT 52-520-54-00-5480 126.67 INVOICE TOTAL: 126.67 * 3119142025-1217 12/27/17 01 11/22-12/27 VAN EMMON LOT 01-410-54-00-5482 24.11 INVOICE TOTAL: 24.11 *Page 6 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526442 COMED COMMONWEALTH EDISON 4085080033-1217 12/27/17 01 11/22-12/27 1991 CANNONBALL 51-510-54-00-5480 321.52 INVOICE TOTAL: 321.52 * 4449087016-1217 01/05/18 01 11/22-12/28 MISC LIFT STATIONS 52-520-54-00-5480 1,467.16 INVOICE TOTAL: 1,467.16 * 4475093053-1217 12/28/17 01 11/27-12/28 610 TOWER LANE 51-510-54-00-5480 420.32 INVOICE TOTAL: 420.32 * 6819027011-1217 01/04/18 01 11/22-12/28 PR BUIILDINGS 79-795-54-00-5480 550.99 INVOICE TOTAL: 550.99 * 7110074020-1217 12/27/17 01 11/22-12/27 104 E VAN EMMON 01-110-54-00-5480 459.10 INVOICE TOTAL: 459.10 * 7982120022-1217 12/28/17 01 11/27-12/28 609 N BRIDGE 01-110-54-00-5480 38.90 INVOICE TOTAL: 38.90 * CHECK TOTAL: 3,408.77 526443 CONSTELL CONSTELLATION NEW ENERGY 0043013136 12/30/17 01 11/27-12/27 1 COUNTRYSIDE PKWY 01-410-54-00-5482 17.01 02 11/27-12/27 1 COUNTRYSIDE PKWY 15-155-54-00-5482 166.58 INVOICE TOTAL: 183.59 * CHECK TOTAL: 183.59 526444 CONSTELL CONSTELLATION NEW ENERGY 0043063380 01/04/18 01 09/19-10/17 421 POPLAR 15-155-54-00-5482 4,096.41 INVOICE TOTAL: 4,096.41 * CHECK TOTAL: 4,096.41Page 7 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526445 COREMAIN CORE & MAIN LP I260922 12/22/17 01 METER AND PARTS 51-510-56-00-5664 2,613.00 INVOICE TOTAL: 2,613.00 * I293817 01/03/18 01 METERS & WIRE 51-510-56-00-5664 6,871.43 INVOICE TOTAL: 6,871.43 * I303209 01/05/18 01 4" METER & FLANGE KIT 51-510-56-00-5664 2,659.24 INVOICE TOTAL: 2,659.24 * CHECK TOTAL: 12,143.67 526446 CROWNPNT CROWN POINTE TECHNOLOGIES INC 14499 01/09/18 01 SKILL MANAGER ANNUAL SUPPORT 01-210-56-00-5635 460.00 02 AND MAINTENANCE ** COMMENT ** INVOICE TOTAL: 460.00 * CHECK TOTAL: 460.00 526447 DEARNATI DEARBORN NATIONAL LIFE 010918 01/09/18 01 FEB 2018 LIFE INS 01-110-52-00-5222 108.16 02 FEB 2018 LIFE INS 01-110-52-00-5236 9.28 03 FEB 2018 LIFE INS 01-120-52-00-5222 27.84 04 FEB 2018 LIFE INS 01-210-52-00-5222 609.07 05 FEB 2018 LIFE INS 01-220-52-00-5222 41.48 06 FEB 2018 LIFE INS 01-410-52-00-5222 135.90 07 FEB 2018 LIFE INS 79-790-52-00-5222 68.89 08 FEB 2018 LIFE INS 79-795-52-00-5222 74.35 09 FEB 2018 LIFE INS 51-510-52-00-5222 79.29 10 FEB 2018 LIFE INS 52-520-52-00-5222 74.13 11 FEB 2018 LIFE INS 82-820-52-00-5222 34.66 12 FEB 2018 VISION INS 01-110-52-00-5224 123.63 13 FEB 2018 VISION INS 01-120-52-00-5224 58.95Page 8 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526447 DEARNATI DEARBORN NATIONAL LIFE 010918 01/09/18 14 FEB 2018 VISION INS 01-210-52-00-5224 588.78 15 FEB 2018 VISION INS 01-220-52-00-5224 65.35 16 FEB 2018 VISION INS 01-410-52-00-5224 88.79 17 FEB 2018 VISION INS 01-640-52-00-5242 96.19 18 FEB 2018 VISION INS 79-790-52-00-5224 101.52 19 FEB 2018 VISION INS 79-795-52-00-5224 69.16 20 FEB 2018 VISION INS 51-510-52-00-5224 101.48 21 FEB 2018 VISION INS 52-520-52-00-5224 49.48 22 FEB 2018 VISION INS 82-820-52-00-5224 58.40 INVOICE TOTAL: 2,664.78 * CHECK TOTAL: 2,664.78 526448 DEKANE DEKANE EQUIPMENT CORP. IA55159 12/20/17 01 GASKET 01-410-56-00-5640 1.99 INVOICE TOTAL: 1.99 * CHECK TOTAL: 1.99 526449 DOMAIN DOMAIN LISTINGS 282-1848 12/18/17 01 ANNUAL WEBSITE DOMAIN LISTING 01-640-54-00-5450 228.00 02 ON INTERNET DIRECTORY ** COMMENT ** INVOICE TOTAL: 228.00 * CHECK TOTAL: 228.00 526450 DOTY DOTY & SONS CONCRETE PRODUCTS 64254 12/08/17 01 ALL CONCRETE BAG TOSS GAME 72-720-60-00-6043 695.00 INVOICE TOTAL: 695.00 * CHECK TOTAL: 695.00Page 9 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526451 DUTEK THOMAS & JULIE FLETCHER 1003718 12/27/17 01 HOSE ASSEMBLY 01-410-56-00-5628 168.00 INVOICE TOTAL: 168.00 * 1003743 12/30/17 01 HOSE ASSEMBLY 01-410-56-00-5628 84.00 INVOICE TOTAL: 84.00 * CHECK TOTAL: 252.00 526452 DYNEGY DYNEGY ENERGY SERVICES 266978917121 12/29/17 01 11/27-12/26 2921 BRISTOL RDGE 51-510-54-00-5480 3,884.66 INVOICE TOTAL: 3,884.66 * 266979117121 12/29/17 01 11/22-12/26 2224 TREMONT 51-510-54-00-5480 6,746.77 INVOICE TOTAL: 6,746.77 * 266979218011 01/02/18 01 11/27-12/27 610 TOWER WELLS 51-510-54-00-5480 7,690.65 INVOICE TOTAL: 7,690.65 * 266979317121 12/20/17 01 11/13-12/13 2702 MILL RD 51-510-54-00-5480 5,544.03 INVOICE TOTAL: 5,544.03 * CHECK TOTAL: 23,866.11 526453 FARREN FARREN HEATING & COOLING 10533 12/15/17 01 COUNCIL CHAMBER SYSTEM CHECK 23-216-54-00-5446 187.50 INVOICE TOTAL: 187.50 * 10536 12/15/17 01 TROUBLESHOOT BEECHER SYSTEM 23-216-54-00-5446 312.50 INVOICE TOTAL: 312.50 * CHECK TOTAL: 500.00 526454 FLATSOS RAQUEL HERRERAPage 10 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526454 FLATSOS RAQUEL HERRERA 6563 12/15/17 01 4 NEW TIRES FOR SKID LOADER 01-410-54-00-5490 1,060.00 INVOICE TOTAL: 1,060.00 * 6597 12/18/17 01 4 NEW TIRES 01-410-54-00-5490 1,100.00 INVOICE TOTAL: 1,100.00 * 6598 12/18/17 01 DISMOUNT & MOUNT 4 TIRES 01-410-54-00-5490 100.00 INVOICE TOTAL: 100.00 * 6599 12/18/17 01 4 NEW TIRES 01-410-54-00-5490 1,180.00 INVOICE TOTAL: 1,180.00 * CHECK TOTAL: 3,440.00 526455 FLEX FLEX BENEFIT SERVICE CORP. 365725 01/09/18 01 DEC 2017 HRA ADMIN FEES 01-110-52-00-5216 20.00 02 DEC 2017 HRA ADMIN FEES 01-120-52-00-5216 10.00 03 DEC 2017 HRA ADMIN FEES 01-210-52-00-5216 105.00 04 DEC 2017 HRA ADMIN FEES 01-220-52-00-5216 20.00 05 DEC 2017 HRA ADMIN FEES 01-410-52-00-5216 6.67 06 DEC 2017 HRA ADMIN FEES 79-790-52-00-5216 22.50 07 DEC 2017 HRA ADMIN FEES 79-795-52-00-5216 17.50 08 DEC 2017 HRA ADMIN FEES 51-510-52-00-5216 21.67 09 DEC 2017 HRA ADMIN FEES 52-520-52-00-5216 6.66 10 DEC 2017 HRA ADMIN FEES 01-640-52-00-5240 35.00 11 DEC 2017 HRA ADMIN FEES 82-820-52-00-5216 20.00 12 DEC 2017 FSA ADMIN FEES 01-110-52-00-5216 8.00 13 DEC 2017 FSA ADMIN FEES 01-120-52-00-5216 8.00 14 DEC 2017 FSA ADMIN FEES 01-210-52-00-5216 36.00 15 DEC 2017 FSA ADMIN FEES 01-220-52-00-5216 4.00 16 DEC 2017 FSA ADMIN FEES 01-410-52-00-5216 4.00 17 DEC 2017 FSA ADMIN FEES 51-510-52-00-5216 8.00 18 DEC 2017 FSA ADMIN FEES 52-520-52-00-5216 4.00Page 11 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526455 FLEX FLEX BENEFIT SERVICE CORP. 365725 01/09/18 19 DEC 2017 FSA ADMIN FEES 01-640-52-00-5240 4.00 20 DEC 2017 FSA ADMIN FEES 82-820-52-00-5216 4.00 INVOICE TOTAL: 365.00 * CHECK TOTAL: 365.00 526456 FOXVALSA FOX VALLEY SANDBLASTING 34521 11/22/17 01 SANDBLAST & RECOAT VOLLEYBALL 72-720-60-00-6043 615.00 02 POSTS & SLIDE BRACKETS ** COMMENT ** INVOICE TOTAL: 615.00 * 34780 12/20/17 01 SANDBLAST STEEL TRUCK WHEELS 01-410-54-00-5490 520.00 INVOICE TOTAL: 520.00 * 34781 12/20/17 01 SANDBLAST SALT TRUCK WHEELS 01-410-54-00-5490 230.00 INVOICE TOTAL: 230.00 * CHECK TOTAL: 1,365.00 526457 FULTON FULTON TECHNOLOGIES 5054 12/26/17 01 YK03 SERVICE CALL 25-205-54-00-5495 435.00 INVOICE TOTAL: 435.00 * CHECK TOTAL: 435.00 526458 FVFS FOX VALLEY FIRE & SAFETY IN00134203 11/30/17 01 SENIOR SERVICES SPRINKLER 23-216-54-00-5446 341.00 02 INSPECTION ** COMMENT ** INVOICE TOTAL: 341.00 * CHECK TOTAL: 341.00Page 12 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526459 GALLS GALL'S INC. 009022560 12/28/17 01 JACKET-NELSON 01-210-56-00-5600 45.20 INVOICE TOTAL: 45.20 * CHECK TOTAL: 45.20 526460 GROUND GROUND EFFECTS INC. 377378 12/07/17 01 SOD 79-790-56-00-5640 115.43 INVOICE TOTAL: 115.43 * CHECK TOTAL: 115.43 526461 HARRIS HARRIS COMPUTER SYSTEMS XT00006285 12/31/17 01 DEC 2017 MYGOVHUB FEES 01-120-54-00-5462 72.80 02 DEC 2017 MYGOVHUB FEES 51-510-54-00-5462 93.22 03 DEC 2017 MYGOVHUB FEES 52-520-54-00-5462 47.04 INVOICE TOTAL: 213.06 * CHECK TOTAL: 213.06 526462 HINCKLEY G.C. NEHRING 18757 11/30/17 01 MANHOLE SPACER RINGS 72-720-60-00-6043 121.16 INVOICE TOTAL: 121.16 * CHECK TOTAL: 121.16 526463 ILLCO ILLCO, INC. 1328441 12/11/17 01 CITY HALL FOYER HEATER PARTS 23-216-56-00-5656 71.59 INVOICE TOTAL: 71.59 * 1329017 12/21/17 01 CITY HALL FOYER HEATER 23-216-56-00-5656 285.20 INVOICE TOTAL: 285.20 *Page 13 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526463 ILLCO ILLCO, INC. 1329152 12/26/17 01 THERMOSTAT FOR CITY HALL FOYER 23-216-56-00-5656 43.67 INVOICE TOTAL: 43.67 * CHECK TOTAL: 400.46 526464 INGEMUNS INGEMUNSON LAW OFFICES LTD 5022 12/30/17 01 DEC 2017 ADMIN HEARINGS 01-210-54-00-5467 450.00 INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 526465 INNOVATI INNOVATIVE UNDERGROUND, LLC 1078 12/26/17 01 605 MILL SEWER WORK 52-520-60-00-6028 900.00 INVOICE TOTAL: 900.00 * CHECK TOTAL: 900.00 526466 INTELCOM INTELLIGENT COMPUTING SOLUTION 1190 12/24/17 01 BUSINESS ANNUAL MEMBERSHIP 51-510-54-00-5445 708.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 708.00 * CHECK TOTAL: 708.00 526467 IPRF ILLINOIS PUBLIC RISK FUND 47869 12/18/17 01 FEB 2018 WORKER COMP INS 01-640-52-00-5231 9,726.57 02 FEB 2018 WORKER COMP INS-PR 01-640-52-00-5231 1,821.66 03 FEB 2018 WORKER COMP INS 51-510-52-00-5231 1,066.90 04 FEB 2018 WORKER COMP INS 52-520-52-00-5231 536.43 05 FEB 2018 WORKER COMP INS 82-820-52-00-5231 915.44 INVOICE TOTAL: 14,067.00 * CHECK TOTAL: 14,067.00Page 14 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526468 ITRON ITRON 470748 12/12/17 01 JAN 2018 HOSTING SERVICES 51-510-54-00-5462 577.28 INVOICE TOTAL: 577.28 * CHECK TOTAL: 577.28 526469 KCSHERIF KENDALL CO. SHERIFF'S OFFICE CELL-YORK 17 12/26/17 01 1/8 OF UFED TOUCH ULTIMATE SW 01-210-54-00-5462 425.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 425.00 * DEC 2017-DEKALB 01/02/18 01 DEKALB CO FTA BOND FEE 01-000-24-00-2412 70.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 70.00 * DEC 2017-KENDALL 01/04/18 01 KENDALL CO. FTA BOND FEE 01-000-24-00-2412 70.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 70.00 * CHECK TOTAL: 565.00 526470 KENDCROS KENDALL CROSSING, LLC BD REBATE 11/17 01/11/18 01 NOV 2017 BUSINESS DIST REBATE 01-000-24-00-2487 489.05 INVOICE TOTAL: 489.05 * CHECK TOTAL: 489.05 526471 LAWSON LAWSON PRODUCTS 9305494541 01/04/18 01 CARRIAGE BOLTS 01-410-56-00-5628 75.21 INVOICE TOTAL: 75.21 * CHECK TOTAL: 75.21Page 15 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526472 LBK LBK, INC 2018 HTD-DEP 01/03/18 01 HTD 2018 LIVE BAND KARAOKE 79-000-14-00-1400 1,000.00 02 DEPOSIT ** COMMENT ** INVOICE TOTAL: 1,000.00 * CHECK TOTAL: 1,000.00 526473 LOUGHBER FORT MILLER FAB3 CORP. 52062 12/13/17 01 LEAK VAC IMPELLER 01-410-56-00-5628 1,686.08 INVOICE TOTAL: 1,686.08 * CHECK TOTAL: 1,686.08 526474 MCCANN MCCANN 07230275 11/24/17 01 USED TOOTH BUCKET 01-410-54-00-5490 750.00 INVOICE TOTAL: 750.00 * CHECK TOTAL: 750.00 526475 MENLAND MENARDS - YORKVILLE 1476 12/19/17 01 PVC ELBOWS 51-510-56-00-5638 12.36 INVOICE TOTAL: 12.36 * 1499 12/19/17 01 GROMMETS, ANCHORS W/SCREWS 51-510-56-00-5620 5.26 INVOICE TOTAL: 5.26 * 1573 12/20/17 01 DUCT SEALING COMPOUND 51-510-56-00-5638 2.48 INVOICE TOTAL: 2.48 * 1583 12/20/17 01 BRINE SYSTEM PLUMBING PARTS 01-410-56-00-5628 33.79 INVOICE TOTAL: 33.79 * 1659 12/21/17 01 BRINE SYSTEM PIPING 01-410-56-00-5620 54.16 INVOICE TOTAL: 54.16 *Page 16 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526475 MENLAND MENARDS - YORKVILLE 1668 12/21/17 01 BRINE SYSTEM PARTS 01-410-56-00-5628 42.50 INVOICE TOTAL: 42.50 * 1681 12/21/17 01 PVC COUPLING 79-790-56-00-5640 2.35 INVOICE TOTAL: 2.35 * 1771 12/22/17 01 GRILL CYLINDER EXCHANGE 01-410-56-00-5620 17.76 INVOICE TOTAL: 17.76 * 1775 12/22/17 01 HITCH COVER, 4X4 COVER 79-790-56-00-5640 17.20 INVOICE TOTAL: 17.20 * 1776-17 12/22/17 01 GARBAGE BAGS 79-790-56-00-5620 32.31 INVOICE TOTAL: 32.31 * 1788 12/22/17 01 BATTERIES 51-510-56-00-5620 17.48 INVOICE TOTAL: 17.48 * 2221-17 12/27/17 01 DOGEAR PICKET, BOARDS STUDS 79-790-56-00-5640 182.67 INVOICE TOTAL: 182.67 * 2291 12/28/17 01 BRUSH HEAD, PLUNGER, CLOTHS 01-410-56-00-5620 25.94 INVOICE TOTAL: 25.94 * 2295-17 12/28/17 01 AIR HOSE, FITTINGS, WINDSHIELD 79-790-56-00-5620 50.63 02 TREATMENT, COUPLING ** COMMENT ** INVOICE TOTAL: 50.63 * 2338 12/28/17 01 VALVES 51-510-56-00-5638 17.96 INVOICE TOTAL: 17.96 * 2426 12/29/17 01 CAM CAP 01-410-56-00-5628 10.99 INVOICE TOTAL: 10.99 * 2767 01/02/18 01 FUSES 52-520-56-00-5628 9.95 INVOICE TOTAL: 9.95 *Page 17 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526475 MENLAND MENARDS - YORKVILLE 2784 01/02/18 01 CLEANING SUPPLIES 79-795-56-00-5640 4.17 INVOICE TOTAL: 4.17 * 2866 01/03/18 01 SMOKE & CO VALUE PACK 79-795-56-00-5640 56.97 INVOICE TOTAL: 56.97 * 2867 01/03/18 01 PVC PIPE, COUPLING, UNIONS, 51-510-56-00-5638 18.38 02 ADAPTERS ** COMMENT ** INVOICE TOTAL: 18.38 * 2873 01/03/18 01 STAPLES, EARPLUGS 01-210-56-00-5620 29.58 INVOICE TOTAL: 29.58 * 2948 01/04/18 01 MAILBOX PARTS, HOSE NOZZLE 01-410-56-00-5628 72.45 INVOICE TOTAL: 72.45 * 2949 01/04/18 01 TRIGGER, CAR WASHING SUPPLIES 52-520-56-00-5628 29.42 INVOICE TOTAL: 29.42 * 3034 01/05/18 01 BRASS PLUG, PIPE SEALANT, BULB 52-520-56-00-5613 37.97 INVOICE TOTAL: 37.97 * 3039 01/05/18 01 TORCH, STRIKER, SOLDER KIT, 52-520-56-00-5613 66.40 02 PIPE, ELBOWS, PUTTY, COUPLING ** COMMENT ** INVOICE TOTAL: 66.40 * 3041 01/05/18 01 BRUSH 52-520-56-00-5620 12.99 INVOICE TOTAL: 12.99 * 730 12/12/17 01 SEALANT 79-790-56-00-5640 14.96 INVOICE TOTAL: 14.96 * 945-17 12/14/17 01 BRUSH, PAPER TOWEL, CLEANERS, 79-790-56-00-5620 188.11 02 MARKING PAINT, NAILS, ** COMMENT **Page 18 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526475 MENLAND MENARDS - YORKVILLE 945-17 12/14/17 03 COMBINATION LOCK, BATTERIES, ** COMMENT ** 04 SHOP TOWELS ** COMMENT ** INVOICE TOTAL: 188.11 * CHECK TOTAL: 1,067.19 526476 MESIROW MESIROW INSURANCE SERVICES INC 772824 01/12/18 01 UNITED CITY OF YORKVILLE 01-110-54-00-5462 500.00 02 $500,000.00 PUBLIC OFFICIAL ** COMMENT ** 03 BOND - CITY ADMINISTRATOR ** COMMENT ** INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 526477 MIDWSALT MIDWEST SALT P438082 12/21/17 01 BULK ROCK SALT 51-510-56-00-5638 2,319.55 INVOICE TOTAL: 2,319.55 * P438106 12/27/17 01 BULK ROCK SALT 51-510-56-00-5638 2,421.90 INVOICE TOTAL: 2,421.90 * CHECK TOTAL: 4,741.45 526478 MONTRK MONROE TRUCK EQUIPMENT 318953 12/28/17 01 AUTO CRANE RELAY 52-520-56-00-5628 71.22 INVOICE TOTAL: 71.22 * 319093 12/28/17 01 VALVE CUSHION 01-410-56-00-5640 358.68 INVOICE TOTAL: 358.68 * 319169 01/02/18 01 BOSS CUTTING EGDE PLOW & BLADE 01-410-56-00-5628 710.34 INVOICE TOTAL: 710.34 * CHECK TOTAL: 1,140.24Page 19 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526479 MORASPH MORRIS ASPHALT DIVISION 12078 12/13/17 01 HOT PATCH 15-155-56-00-5634 127.80 INVOICE TOTAL: 127.80 * CHECK TOTAL: 127.80 526480 NARVICK NARVICK BROS. LUMBER CO, INC 57037 11/29/17 01 3,000 AE, HOT WATER, FIBERS 72-720-60-00-6043 426.50 INVOICE TOTAL: 426.50 * 59686 11/21/17 01 FOUNDATION MIX, HOT WATER 72-720-60-00-6043 287.50 INVOICE TOTAL: 287.50 * CHECK TOTAL: 714.00 526481 NICOR NICOR GAS 00-41-22-8748 4-1217 01/02/17 01 11/30-01/02 1107 PRAIRIE LANE 01-110-54-00-5480 35.20 INVOICE TOTAL: 35.20 * 12-43-53-5625 3-1217 01/03/18 01 12/04-01/03 609 N BRIDGE 01-110-54-00-5480 125.60 INVOICE TOTAL: 125.60 * 15-41-50-1000 6-1217 01/03/18 01 11/30-01/02 804 GAME FARM RD 01-110-54-00-5480 331.52 INVOICE TOTAL: 331.52 * 15-64-61-3532 5-1217 01/02/18 01 11/30-01/02 1991 CANNONBALL TR 01-110-54-00-5480 29.47 INVOICE TOTAL: 29.47 * 23-45-91-4862 5-1217 01/03/18 01 12/01-01/03 101 BRUELL STREET 01-110-54-00-5480 89.65 INVOICE TOTAL: 89.65 * 40-52-64-8356 1-1217 01/04/18 01 12/04-01/04 102 E VAN EMMON 01-110-54-00-5480 392.34 INVOICE TOTAL: 392.34 *Page 20 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526481 NICOR NICOR GAS 61-60-41-1000 9-1217 01/05/18 01 12/04-01/03 610 TOWER 01-110-54-00-5480 741.56 INVOICE TOTAL: 741.56 * 62-37-86-4779 6-1017 11/06/17 01 10/07-11/06 185 WOLF ST 01-110-54-00-5480 76.88 INVOICE TOTAL: 76.88 * 62-37-86-4779 6-1117 12/06/17 01 11/06-12/06 185 WOLF STREET 01-110-54-00-5480 123.40 INVOICE TOTAL: 123.40 * 62-37-86-4779 6-1217 01/08/18 01 12/06-01/08 185 WOLF STREET 01-110-54-00-5480 346.77 INVOICE TOTAL: 346.77 * 83-80-00-1000 7-1217 01/05/18 01 12/04-01/03 610 TOWER UNIT B 01-110-54-00-5480 260.40 INVOICE TOTAL: 260.40 * 91-85-68-4012 8-1217 01/03/18 01 11/30-01/02 902 GAME FARM RD 82-820-54-00-5480 1,589.61 INVOICE TOTAL: 1,589.61 * CHECK TOTAL: 4,142.40 526482 NUTOYS NUTOYS LEISURE PRODUCTS 47141 12/18/17 01 5 BENCHES 72-720-60-00-6043 5,434.00 INVOICE TOTAL: 5,434.00 * CHECK TOTAL: 5,434.00 526483 O'REILLY O'REILLY AUTO PARTS 5613-130954 12/08/17 01 SOLENOID 01-410-56-00-5640 49.64 INVOICE TOTAL: 49.64 * 5613-131964 12/20/17 01 CARB & BRAKE CLEANER 01-410-56-00-5620 16.56 INVOICE TOTAL: 16.56 *Page 21 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526483 O'REILLY O'REILLY AUTO PARTS 5613-131984 12/20/17 01 SPARK PLUG 01-410-56-00-5640 2.49 INVOICE TOTAL: 2.49 * 5613-132346 12/24/17 01 WIPER BLADE 01-410-56-00-5640 53.94 INVOICE TOTAL: 53.94 * 5613-132622 12/28/17 01 ANTIFREEZE 01-410-56-00-5640 15.99 INVOICE TOTAL: 15.99 * 5613-132908 12/30/17 01 OIL 01-410-56-00-5640 93.98 INVOICE TOTAL: 93.98 * CHECK TOTAL: 232.60 526484 OHERRONO RAY O'HERRON COMPANY 1801025-IN 01/05/18 01 STREETGEAR-KLINGEL 01-210-56-00-5600 315.21 INVOICE TOTAL: 315.21 * CHECK TOTAL: 315.21 526485 PARADISE PARADISE CAR WASH 223599 01/05/18 01 DEC 2017 CAR WASHES 01-210-54-00-5495 20.00 INVOICE TOTAL: 20.00 * CHECK TOTAL: 20.00 526486 PFPETT P.F. PETTIBONE & CO. 173590 12/20/17 01 DIGITAL PHOTO ID-SOEBBING 01-210-54-00-5430 17.00 INVOICE TOTAL: 17.00 * CHECK TOTAL: 17.00Page 22 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526487 PLANFILL PLANO CLEAN FILL 568 01/02/18 01 MATERIAL DUMPING 51-510-54-00-5462 135.00 INVOICE TOTAL: 135.00 * CHECK TOTAL: 135.00 526488 RSMITS R. SMITS & SONS 121417 12/14/17 01 2017 LEAF DISPOSAL 01-540-54-00-5443 2,640.00 INVOICE TOTAL: 2,640.00 * CHECK TOTAL: 2,640.00 526489 RUSHTRCK RUSH TRUCK CENTER 3008941396 12/28/17 01 HEAD LIGHT SWITCH 01-410-56-00-5640 237.39 INVOICE TOTAL: 237.39 * 3008941458 12/28/17 01 MIRROR BRACKET 01-410-56-00-5640 312.55 INVOICE TOTAL: 312.55 * CHECK TOTAL: 549.94 526490 RUSSPOWE RUSSO HARDWARE INC. 4616238 12/15/17 01 2 CHAINSAWS 01-410-56-00-5630 878.50 INVOICE TOTAL: 878.50 * CHECK TOTAL: 878.50 526491 SOURCONE SOURCE ONE OFFICE PRODUCTS 424322 12/12/17 01 TONER 52-520-56-00-5610 568.56 INVOICE TOTAL: 568.56 * CHECK TOTAL: 568.56Page 23 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526492 SUBURLAB SUBURBAN LABORATORIES INC. 151432 12/29/17 01 COLIFORM SAMPLES 51-510-54-00-5429 402.00 INVOICE TOTAL: 402.00 * CHECK TOTAL: 402.00 526493 TRAFFIC TRAFFIC CONTROL CORPORATION 102149 10/23/17 01 REPAIR EBERLE DESIGN MMU 01-410-54-00-5435 300.00 INVOICE TOTAL: 300.00 * 102706 11/14/17 01 DBL 1000 UPS UNIT FOR CABINET 01-410-54-00-5435 2,495.00 02 SHOP ** COMMENT ** INVOICE TOTAL: 2,495.00 * CHECK TOTAL: 2,795.00 526494 TRCONTPR TRAFFIC CONTROL & PROTECTION 91374 12/19/17 01 POPULATION SIGN REPLACEMENT 15-155-56-00-5619 56.75 INVOICE TOTAL: 56.75 * CHECK TOTAL: 56.75 526495 UPS5361 DDEDC #3, INC 010418 01/04/18 01 1 PKG TO KFO 01-110-54-00-5452 38.43 INVOICE TOTAL: 38.43 * CHECK TOTAL: 38.43 526496 VITOSH CHRISTINE M. VITOSH CMV 1899-1904 12/27/17 01 DEC 2017 ADMIN HEARINGS 01-210-54-00-5467 400.00 INVOICE TOTAL: 400.00 *Page 24 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526496 VITOSH CHRISTINE M. VITOSH CMV 1901 12/29/17 01 BRISTOL BAY PUBLIC HEARING 90-113-00-00-0011 162.92 INVOICE TOTAL: 162.92 * CHECK TOTAL: 562.92 526497 WAREHOUS WAREHOUSE DIRECT 3744377-0 01/02/18 01 CORRECTION TAPE 01-210-56-00-5610 41.13 INVOICE TOTAL: 41.13 * CHECK TOTAL: 41.13 526498 WATERSER WATER SERVICES CO. 27310 12/13/17 01 BENCH TESTED WATER METER 51-510-54-00-5462 30.00 INVOICE TOTAL: 30.00 * CHECK TOTAL: 30.00 526499 WELDSTAR WELDSTAR 01630104 12/24/17 01 CYLINDER RENTAL 01-410-54-00-5485 7.50 INVOICE TOTAL: 7.50 * CHECK TOTAL: 7.50 526500 WINDCREK WINDING CREEK NURSERY, INC 203305 11/06/17 01 18 ASSORTED MAPLE TREES 72-720-60-00-6043 1,080.00 INVOICE TOTAL: 1,080.00 * 203610 11/01/17 01 FIR TREE 79-790-56-00-5620 184.00 INVOICE TOTAL: 184.00 * 203624 11/02/17 01 45 ASSORTED TREES 72-720-60-00-6045 2,700.00 INVOICE TOTAL: 2,700.00 * CHECK TOTAL: 3,964.00Page 25 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D000744 YBSD YORKVILLE BRISTOL 0118SF 01/10/18 01 DEC 2017 SANITARY FEES 95-000-24-00-2450 311,785.39 INVOICE TOTAL: 311,785.39 * 868512 01/01/18 01 DEC 2017 BIOSOLIDS LANDFILL 51-510-54-00-5445 9,368.76 02 EXPENSE REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 9,368.76 * DIRECT DEPOSIT TOTAL: 321,154.15 526501 YORKACE YORKVILLE ACE & RADIO SHACK 164711 12/15/17 01 CHAINS, SPRING SNAP 01-410-56-00-5640 21.90 INVOICE TOTAL: 21.90 * 164713 12/15/17 01 HOOK SCREW EYE 01-410-56-00-5620 4.98 INVOICE TOTAL: 4.98 * 164740 12/19/17 01 TUBE 01-410-56-00-5620 0.58 INVOICE TOTAL: 0.58 * 164842 01/02/18 01 RUG DOCTOR RENTAL 79-795-54-00-5485 29.99 02 CARPET CLEANER, KEYS 79-795-56-00-5640 27.57 INVOICE TOTAL: 57.56 * CHECK TOTAL: 85.02 526502 YORKSELF YORKVILLE SELF STORAGE, INC 122217-45 12/22/17 01 DEC 2017 STORAGE RENTAL 01-210-54-00-5485 80.00 INVOICE TOTAL: 80.00 * CHECK TOTAL: 80.00 526503 YOUNGM MARLYS J. YOUNGPage 26 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/17/18 UNITED CITY OF YORKVILLE TIME: 11:35:24 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 01/23/2018CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526503 YOUNGM MARLYS J. YOUNG 121217 12/28/17 01 12/12/17 ANNUAL JOINT REVIEW 87-870-54-00-5462 42.25 02 BOARD MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 42.25 * 121217-2 12/29/17 01 12/12/17 DOWNTOWN 88-880-54-00-5462 51.25 02 REDEVELOPMENT PROJECT AREA 2 ** COMMENT ** 03 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 51.25 * 121317 12/27/17 01 BRISTOL BAY PLAT OF 90-113-00-00-0011 14.87 02 RESUBDIVISION ** COMMENT ** 03 12/13/17 MEETING MINUTES 01-110-54-00-5462 12.76 04 CEDARHURST FINAL PLAT 90-101-00-00-0011 14.87 INVOICE TOTAL: 42.50 * 121917 12/31/17 01 12/19/17 PW MEETING MINUTES 01-110-54-00-5462 45.75 INVOICE TOTAL: 45.75 * CHECK TOTAL: 181.75 TOTAL CHECKS PAID: 265,020.88 TOTAL ',5(&7DEPOSITS PAID: 321,154.15 TOTAL AMOUNT PAID: 586,175.03Page 27 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/04/18 UNITED CITY OF YORKVILLE PAGE: 1TIME: 12:21:50 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 01/04/18CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526170 RAGIWAVE RAGING WAVES 2017-REBATE 01/04/18 01 2017 ADMISSIONS TAX REBATE 01-640-54-00-5494 130,766.45 INVOICE TOTAL: 130,766.45 * CHECK TOTAL: 130,766.45 TOTAL AMOUNT PAID: 130,766.45Page 28 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/11/18 UNITED CITY OF YORKVILLE PAGE: 1TIME: 07:52:56 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 01/12/18CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 526171 R0001995 MEGAN & W SHANE CONNELL 2017585-BUILD 01/10/18 01 1321 SPRING BUILD PROGRAM 51-000-24-00-2445 6,000.00 02 1321 SPRING BUILD PROGRAM 52-000-24-00-2445 4,000.00 INVOICE TOTAL: 10,000.00 * CHECK TOTAL: 10,000.00 TOTAL AMOUNT PAID: 10,000.00Page 29 of 32 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/16/18 UNITED CITY OF YORKVILLE TIME: 09:52:34 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 131111 KCR KENDALL COUNTY RECORDER'S 01/12/18 2717 01/12/18 01 RELEASE 1 UTILITY LIEN 51-510-54-00-5448 49.00 02 FILE 4 NEW UTILITY LIENS 51-510-54-00-5448 196.00 03 FILE 2 NEW MOWING LIENS 25-215-54-00-5448 98.00 INVOICE TOTAL: 343.00 * CHECK TOTAL: 343.00 TOTAL AMOUNT PAID: 343.00Page 30 of 32 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION18,594.04$ -$ 18,594.04 1,961.68$ 1,349.18$ 21,904.90$FINANCE9 350 86-9 350 861 002 34704 8711 058 07$UNITED CITY OF YORKVILLEPAYROLL SUMMARYJanuary 12, 2018FINANCE9,350.86-9,350.861,002.34704.8711,058.07$POLICE117,130.76 12,541.08 129,671.84 571.48 9,659.57 139,902.89$COMMUNITY DEV.15,525.08 - 15,525.08 1,608.36 1,156.99 18,290.43$STREETS13,370.44 7,376.69 20,747.13 2,156.80 1,533.98 24,437.91$WATER14,236.02 117.62 14,353.64 1,514.27 1,051.05 16,918.96$SEWER8,171.34 - 8,171.34 877.90 619.16 9,668.40$PARKS16,608.28 - 16,608.28 1,752.18 1,229.08 19,589.54$RECREATION11,389.41 - 11,389.41 1,183.55 848.00 13,420.96$LIBRARY13,055.03 - 13,055.03 861.14 973.06 14,889.23$TOTALS237,431.26$ 20,035.39$ 257,466.65$ 13,489.70$ 19,124.94$ 290,081.29$TOTAL PAYROLL290,081.29$Page 31 of 32 ACCOUNTS PAYABLE DATE Manual Check Register (Page 1)01/16/2018 68,657.95 City Check Register (Pages 2 - 27)01/23/2018 586,175.03 SUB-TOTAL: $654,832.98 OTHER PAYABLES Maual Check #526170 - Raging Waves Rebate(Page 28)01/04/2018 130,766.45 Maual Check #526171 - Connell BUILD Check (Page 29)01/12/2018 10,000.00 Clerk's Check #131111- Kendall County Recorder (Page 30)01/12/2018 343.00 SUB TOTAL $141 109 45 UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, January 23, 2018 SUB-TOTAL: $141,109.45 Bi - Weekly (Page 31)01/12/2018 290,081.29 SUB-TOTAL: $290,081.29 TOTAL DISBURSEMENTS:$1,086,023.72 PAYROLL Page 32 of 32 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2018-04 Riverfront Park Improvements – Change Order No. 1 City Council – January 23, 2018 Majority Approval Tim Evans Parks and Recreation Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2018-06 Letter of Support, Funding for IL 47 Improvements City Council - January 23, 2018 PW – 01/16/18 Moved forward to City Council agenda. PW 2018-06 Majority Approval Review of Letter of Support to IDOT for funding for the intersection improvement at IL Route 47 and Galena Road and the expansion of the IL Route 47 corridor. Erin Willrett Administration Name Department Summary Review of Letter of Support to IDOT for funding for the intersection improvement at Illinois Route 47 and Galena Road as well as the expansion of Northern Illinois Route 47 corridor. Background The state of the roadway of the northern section of the IL 47 corridor and safety concerns regarding the intersection of IL 47 and Galena Road was discussed under additional business at the January 4, 2018 Public Safety Committee meeting. Attached is a letter of support to IDOT concerning funding for the intersection improvement at IL 47 and Galena Road as well as the expansion of the northern IL 47 corridor. This project will promote safety and efficient traffic flow north and south within the region. Recommendation Staff recommends the City Council approve the letter of support for funding for the future IL Route 47 roadway improvements. Memorandum To: Public Works Committee From: Erin Willrett, Assistant City Administrator CC: Date: January 16, 2018 Subject: Letter of Support, Funding for IL 47 Improvements January 23, 2018 Illinois Department of Transportation Attn: Kevin Marchek, Region 2 Engineer 700 East Norris Drive Ottawa, Illinois 61350-0697 Dear Mr. Marchek, As the Illinois Department of Transportation (IDOT) reviews and considers funding for projects, the United City of Yorkville wishes to voice its fullest support for the intersection improvement at Illinois State Route 47 and Galena Road as well as the expansion of the Northern Illinois Route 47 corridor. These projects exemplify facets of smart investments of funds, and will promote safety and efficient traffic flow north and south within the region. The intersection improvement and expansion of the roadway will lead to improved safety measures. Between 2011 and today there have been 150 accidents reported at the intersection of IL Route 47 and Galena Road. Of those 150 accidents, 17 have been personal injury accidents and 1 recent accident resulted in a fatality. At an intersection just to the south, IL Route 47 and Corneils Road, there have been 28 accidents reported. Of those 28 reported, 5 were personal injury accidents and 1 was a fatality. Regionally, a roadway that lessens crashes, especially fatal ones, and improves capacity and mobility is desperately needed. Currently, the United City of Yorkville’s residents are limited with roadway capacity and un-improved intersections. Improvements of this scope will increase and enhance public safety and allow IDOT to follow its own policies and standards. According to IDOT policy, the current average daily traffic capacity of a two-lane highway (similar to IL Route 47) should be between 8,500 and 12,500 vehicles. The northern corridor average daily traffic count is between approximately 15,000 and 20,000. Clearly, this number is way beyond policy levels. Currently, IL 47 from County Line Road to South of Kennedy Road in Yorkville is in the FY 2018 – 2023 Highway Improvement Program within District 3. However, only $2,000,000 is programmed for resurfacing and ADA improvements. Full funding for reconstruction is needed along this corridor. We are aware that safety improvements were programmed for the Galena and IL Route 47 intersection in an early IDOT budget and were subsequently removed due to budget cuts. Given the recent accidents at this intersection, we would encourage those improvements to United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us receive immediate funding while the Route 47 expansion plan is being considered for funding on a longer term. In summary, this project will have far-reaching impact beyond the residents of the City. The United City of Yorkville wishes to add its support for funding to move the intersection improvements and overall expansion of the Northern Illinois Route 47 corridor forward. As IDOT moves forward in planning and programming projects, we hope you give the corridor, including the intersection of IL Route 47 and Galena Road your full consideration and support for additional lanes, reconstruction and ADA improvements. Sincerely, Gary J. Golinski Mayor, United City of Yorkville cc: Randall S. Blankenhorn, Illinois Transportation Secretary i4 STATE OF ILLINOIS ss COUNTY OF KENDALL ) RESOLUTION NO: RESOLUTION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION CONCERNING ILLINOIS STATE ROUTE 47 Whereas,the Mayor and City Council of the United City of Yorkville have determined that there is a need to widen and upgrade Illinois State Route 47,also known as Bridge Street,to maintain a safe and efficient flow of traffic through the City;and Whereas the City recognizes that the issue of the redesign,reconstruction and/or removal of the retaining wall located adjacent to Route 47 in Downtown Yorkville needs to be addressed by the Illinois Department of Transportation; and Whereas the ever increasing use of Route 47 by large and heavy vehicles has caused concern for public safety with the congestion caused by these slower moving vehicles and the lack of hard shoulder in many areas to provide a place for said vehicles to move to in order to allow for the passing of emergency vehicles;and Whereas Route 47 provides the only river crossing within the City making this route very important for the normal movement through the City by its citizens, its public safety personnel, its public works personnel, other city staff and officials,the Fire District and the School District; and Whereas because Route 47 as a major collector and conduit for moving local, regional, intrastate and interstate traffic, continues to experience traffic increases at rates beyond that created by Yorkville's own growth;and Whereas the City has determined that it is also imperative to the economic development of Yorkville to keep traffic flowing efficiently on Rt. 47;and Whereas the City has identified that the improvement of Rt. 47 is imperative to keep traffic flowing efficiently, which is critical to continue attracting the industrial and commercial development required for creating new jobs,retaining existing jobs, and generally strengthening the tax base of the City;and Whereas IDOT has also recognized the need to widen and upgrade Rt. 47, is in the process of completing Phase I engineering for the section of the highway from just south of IL Rt. 71 to just north of Countryside Parkway within Yorkville, and has begun Phase II engineering on that same section;and Whereas the City has concerns that with the amount of traffic already present on Rt. 47 that any further delay in completing said project could have a devastating effect on local businesses and public safety during the construction period and cause major disruption of basic movement though the City: Now therefore be it resolved that the Mayor and City Council of the United City of Yorkville strongly recommend and request that IDOT and the State of Illinois use all resources available to expedite the current Rt. 47 project planned in Yorkville to complete construction as soon as possible and work with the City to minimize the impact of said project on local citizens and businesses. Furthermore,the Mayor and City Council strongly recommend and request that IDOT immediately begin the necessary engineering and then construction of widening and upgrading Rt. 47 both north and south of the present project through Kendall County and beyond to I-80 to the south and I-88 to the north. This resolution passed by the City Council of the United City of Yorkville and authorized by the Mayor this ,-<<4 i day of October,2004. PASSED AND APPROVED this -day of C- ti" 1 , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS G ROSE SPEARS RICHARD STICKA r' YOR CIO z " CITY CLERK i I i Resolution No. 2013- 0 RESOLUTION OF SUPPORT FOR STATE FUNDING OF THE NORTHERN ROUTE 47 CORRIDOR I WHEREAS , the City Council of the United City of Yorkville, hereinafter called the CITY, has approved Resolution 2013 - 13 in support of the reallocation of Prairie Parkway earmarked funds from the stretch of Route 47 from Caton Farm Road to 1- 80 , hereinafter called the Southern Route 47 Corridor, to the stretch of Route 47 from Kennedy Road in Yorkville to Cross Street in Sugar Grove, hereinafter called the Northern 47 Corridor; and WHEREAS , it has become apparent that the State does not wish to reallocate the Prairie Parkway earkmarked funds per our request in Resolution 2013 - 13 ; and I WHEREAS , the current IDOT FY 2014-2019 Proposed Multi -Modal Transportation I Improvement program, hereinafter called the IDOT Highway Program , contains design and construction funding for the Southern Route 47 Corridor; and i WHEREAS , the current IDOT Highway Program contains full funding of Phase I engineering costs, half-funding for Phase 11 engineering costs, and no funds for construction of the Northern Route 47 Corridor; and WHEREAS , approximately $ 51 million in unallocated funds remain in the Prairie Parkway earmark; and WHEREAS , the cost of expanding the Northern Route 47 Corridor is estimated at $ 77 million; and i WHEREAS, the Northern Route 47 Corridor contains average daily traffic counts between 75 % and 291 % higher than the average daily traffic counts for the sections of Route 47 between 1- 80 and Caton Farm Road ; and WHEREAS, IDOT ' s own policies state the average daily traffic capacity of a two -lane highway, similar to Route 47, should be between 8 , 500 and 12 , 500 vehicles for safe and efficient operations ; and i WHEREAS, all of the sections of the Northern Route 47 Corridor has an average daily traffic count exceeding the upper end of that safe usage standard, and none of the sections of the Southern Route 47 Corridor have an average daily traffic count that exceeds the lower end of that safe usage standard; and WHEREAS, the Northern Route 47 Corridor had 300 reported crashes between 2007 and 2011 , and the Southern Route 47 Corridor had 97 crashes between 2007 and 2011 ; and I i i I Resolution No. 2013- O Page 1 i WHEREAS , IDOT is holding public hearings throughout the State to take public comment on their IDOT Highway Plan ; and NOW THEREFORE BE IT RESOLVED , by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the IDOT Highway Plan should contain funding for all design and construction costs for the Northern Route 47 Corridor. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this i day of 3 64// ,6ei2. A. D . 2013 , bapu-r y CITY CLERK i CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of S aj E// (Ei2 A . D . 2013 . Loot R i MAYO i i i i I Resolution No. 2013 - KO I Page 2 I Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2018-07 Wyland National Mayors Challenge for Conservation City Council - January 23, 2018 PW – 01/23/18 Moved forward to City Council agenda. PW 2018-07 Majority Approval/Support Intiate participation in a national program to challenge residents to conserve water, Energy and other natural resources Erin Willrett Administration Name Department Summary Initiate participation in a national program to challenge the residents to conserve water, energy and other natural resources, in alignment with City Council Goal #14 – Water Conservation Plan. Background The Wyland Foundation, in partnership with the National League of Cities and the U.S. Environmental Protection Agency, invited the United City of Yorkville to participate in the 7th annual National Mayor’s Challenge for Water Conservation. The commitment from the City to participate is as simple as drafting the statement of support below, and as complex as marketing the challenge if we’d like. There is no cost to the City. Residents who are interested in conservation efforts and who would like to accept the challenge can go online (www.mywaterpledge.com) and make a pledge to conserve water, energy, and other natural resources over the next year by selecting from different pledge options. Some options are as easy as wasting less food and recycling. When the resident enters their location, the drop down menu for pledges will contain our draft statement about water conservation. Our draft statement will read as: “A sustainable water source for the City’s future water supply is a main focus for our community and its residents. Yorkville currently obtains its water from the deep sandstone aquifer, which is being steadily drawn down as it is being pumped beyond its long-term sustainable yield due to increasing water demands and growth of the region. The City is committed to building strong, collaborative relationships regionally for sustainable water use. We hope to partner with our neighboring communities and our actual neighbors to promote water conservation efforts in the home. By taking the water pledge, you can help extend the capacity of the City’s water supply.” When a resident goes online to accept the challenge, they will search for “Yorkville, IL”, the website will then walk the resident through the process to pledge to make thoughtful conservation choices at home. There are several check boxes that the residents can choose from depending on the changes they are pledging to make. At the end of the “choices” portion of the pledge, an email address is required and the option for the resident to be entered into the prize drawing is made as a check box. After the resident enters their email address the pledge process is complete. Additionally, the website has several informational items for the resident to read through and learn about. City standings in the challenge are on the website and the residents can check back and see how their “choices” positively affect the community. This program is designed to get residents to think about how their choices impact the natural environment and if changes are made, no matter how small, benefits add up quickly. There is no further commitment and no additional information that is needed from the residents other than those listed above. Memorandum To: Public Works Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: January 16, 2018 Subject: Wyland National Mayors Challenge for Conservation The City will also be posting several items on social media and on our website to promote this challenge. The City’s main goal by promoting this program is to help residents be aware of the importance of the natural resources that are used on a daily basis and the pressing need to protect those precious resources. Recommendation While not a requirement to participate in the program, staff recommends an acknowledgment by the City Council for support of the statement above and participation in marketing the program. This initiative aligns with the City Council Goal #14 – Water Conservation Plan. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Economic Development Committee #1 Tracking Number EDC 2018-07 Professional Services Agreement for Building Plan Review and Inspections City Council - January 23, 2018 EDC – 01/02/18 Moved forward to City Council agenda. EDC 2018-07 Majority Vote Professional services agreement contract with B&F Construction for building plan review and inspections on an as needed basis. Krysti Barksdale-Noble, AICP Community Development Name Department Resolution No. 2018-____ Page 1 Resolution No. 2018-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING A SERVICE AGREEMENT FOR BUILDING PLAN REVIEW AND INSPECTIONS . WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City is responsible to review all plans submitted for commercial, residential and industrial development for zoning, building code compliance and appearance code compliance and the issuance of all building permits as well as permits for signs, decks, fences and pools; and, WHEREAS, the City’s Building Safety and Zoning Department (the “Department’) provides such services on behalf of the City; and, WHEREAS, the volume of the applications for permits continues to increase and the City believes that assistance with the required reviews is warranted in order to continue its goal of short “turn-around” times in order to maintain the City’s competitive advantage to encourage new development; and, WHEREAS, after review of several service providers, the Department has determined that B&F Construction Services, Inc., an Illinois corporation, has the staff with the professional experience, skill and competence to provide the Department with the assistance it needs; and, WHEREAS, the Department hereby recommends that the City Council to enter into the Service Agreement for Building Plan Review and Inspections with B&F Construction Code Services, Inc., as attached hereto. Resolution No. 2018-____ Page 2 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Service Agreement for Building Plan Review and Inspection by and between the City and B&F Construction Code Services, Inc., in the form attached hereto and made a part hereof is hereby approved, and the Mayor and City Clerk are hereby authorized to execute same and deliver said Agreement on behalf of the United City of Yorkville. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2018. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2018. ____________________________________ Mayor Attest: _________________________________ City Clerk Summary In August 2017, the City of Yorkville solicited Request for Qualifications (RFQ) from licensed professional service companies for commercial and large scale residential development inspections and plan reviews on an as needed basis. Upon review of the submitted proposals and follow-up queries, staff is recommending awarding this professional services contract to Building & Fire Construction Codes Inc (B&F Construction) of Elgin, Illinois. Background The City currently provides building plan review and inspection services with in-house staff. The plan reviews and inspections are done within a short period time (typically 2 weeks for plan reviews and inspections within 24 hours of request) to facilitate the residents and building community needs to complete residential and commercial projects. This shortened turnaround is done, in part, to maintain a competitive advantage amongst neighboring communities and to encourage new development within the City. At certain times, the high volume of permits submitted and inspections required puts pressure on the two (2) full-time building department staff members as they try to maintain the petitioner’s construction schedules. In calendar year 2017, the City issued approximately 915 permits and conducted over 3,500 inspections. In addition to the limited staff and their areas of specialization, training, and licensing, coordination around vacation time, mandatory off-site continuing education courses and sick days can be a challenge. Due to this, and the steady increase in annual permit volume, staff posted the attached request for proposal seeking assistance for inspections and various plan review-services on an as need basis. It is estimated that the City may utilize up to 750 hours per calendar year of outsourced plan review and/or inspection services. Upon posting the RFQ, the City received three (3) responses from qualified firms, which were HR Green, SAFEbuilt and B&F Construction. Based upon staff expertise, knowledge of local codes, reported plan review turnaround time and inspection services, as well as the ability to assist with drafting adoptions for future code updates, Building and Fire Construction Codes Inc. (B&F) is the recommended firm for the professional services contract. Proposed Services Agreement The proposed services agreement is attached for your review and details provisions such as the contract term, fee schedule and payments, confidentiality, and insurance/indemnification requirements. Specifically, the term of the contract is open ended but allows either party, the City or B&F, to terminate the agreement upon thirty (30) days written notice. A detailed fee schedule has been provided as an exhibit to the contract. The plan review fees for residential and Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Pete Ratos, Building Code Official Date: December 13, 2017 Subject: B&F Construction Code Services – Professional Building Inspection and Plan Review Services Agreement commercial/industrial uses are consistent with the City’s current building plan review fees. As proposed, the City would be responsible for paying B&F directly, so there would be no change in the way permits are processed or payment made by the permittee. Furthermore, the confidentiality provisions restricts B&F from disclosing specific information about plans or data submitted to outside parties as part of the review process. Finally, B&F has submitted a copy of their proof of insurance naming the City as an additional insured party in an acceptable amount of liability coverage. Staff Recommendation Yorkville’s Community Development staff, the Purchasing Manager, and the City Attorney have reviewed and recommend for approval the proposed contract with B&F Construction for supplemental plan review and building inspection services. If approved, it is anticipated the Building Code Official will schedule a plenary meeting with the B&F plan reviewers and inspectors assigned to Yorkville to review our current codes, forms and possibly conduct a brief tour of the City. Staff will be available at Tuesday night’s meeting to address any questions or concerns from the committee regarding this matter. UNITED CITY OF YORKVILLE SERVICES AGREEMENT FOR BUILDING PLAN REVIEW AND INSPECTIONS 1 | Page THIS SERVICES AGREEMENT (the “AGREEMENT”) is made and entered into on this _____ day of November, 2017, by and between the United City of Yorkville (CITY) and B&F Construction Code Services, Inc. (CONTRACTOR) for services set forth in Exhibit A (“Services”). WITNESSETH that in consideration of the covenants herein, these parties agree as follows: SECTION 1. BACKGROUND: United City of Yorkville has adopted codes and ordinances that are intended to improve and protect the health, safety and welfare of the general public. These ordinances seek to promote a desirable neighborhood living environment and preserve property values. United City of Yorkville Building Safety and Zoning department is responsible for building permits and a variety of other services such as zoning reviews, building code compliance and appearance code regulations of all plans submitted for commercial, residential, industrial properties, as well as and miscellaneous permits such as signs, decks, fences, and pools. The building code reviews utilize the 2009 International Code Council (ICC) codes with amendments, 2008 National Electric Code (NEC) with amendments and 2012 International Energy Conservation Code (IECC). Some residential developments were approved with legacy codes locked in for a set period of time according to their annexation agreement. These developments are allowed to build to codes from the 2000 IBC and 2006 IBC depending on their respective agreements. The City currently provides building plan review and inspection services with in-house staff. There are currently two (2) full-time building department staff members maintaining the petitioner’s construction schedules. The plan reviews and inspections are done within a short period time to facilitate the customer’s needs to complete their residential and commercial projects. It is necessary to maintain short turn-around times to provide the City with a competitive advantage to encourage new development within the City. At certain times, the total number of permits issued in 2015 was 605 and 855 permits were issued in 2016. Due to limited staff and specialization, training, and licensing held by staff, the City is contracting with B&F Construction Code Services, Inc. to assist with inspections and various plan review-services. SECTION 2. NOTICES: All notices, notices, requests, claims, demands and other official communications herein shall be in writing. Such notices shall be given (i) by delivery in person, (ii) by a nationally recognized commercial courier service; or (iii) by United States Postal Service, registered mail, postage prepaid and return receipt requested. Notices shall be effective upon actual delivery to the other Party at the following addresses: United City of Yorkville Attn: Bart Olson, City Administrator 800 Game Farm Rd Yorkville, IL 60560 (630) 553-4350 2 | Page B & F Construction Code Services, Inc. Attn: Richard A. Piccolo 2420 Vantage Dr Elgin, IL 60124 (847) 428-7010 SECTION 3. CONTRACT TERM : The term of this Agreement will begin upon the full execution of this Agreement and terminate upon thirty (30) days written notice by either party. Both parties agree to follow the termination procedure outlined in Section 10.1. SECTION 4. FEE SCHEDULE AND PAYMENTS: The City shall pay the CONTRACTOR for the services performed or furnished, based upon the CONTRACTORS’S fees outlined in Exhibit A. The CONTRACTOR may submit invoices for payment at the address set forth above, together with reasonable supporting documentation for services rendered, The CITY may require such additional supporting documentation as they reasonably deem necessary or desirable. Payments shall be due and owing by the CITY in accordance with the terms and provisions of the Local Government Prompt Payment Act, Illinois Compiled Statutes, Ch. 50, Sec. 505, et. seq.; SECTION 5. CONTRACTOR’S RESPONSIBILITY: CONTRACTOR shall perform the Services outlined in Exhibit A in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same location under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project. All CONTRACTOR’S personnel are certified and/or licensed to provide the services that they are assigned to. CONTRACTOR will endeavor in good faith, as needed, to obtain from the Director of Community Development or their designee their interpretation of applicable codes and standards and will apply its professional judgment in interpreting the codes and standards as they apply to the Project at the time of performance of the Services. Notwithstanding the above, the Parties agree that if such codes or standards change during the Contract Term, CONTRACTOR will be responsible for staying up to date with industry changes and current code. If additional costs are necessary to conform to such changes or interpretations during or after execution of the Services, CONTRACTOR will seek to amend this contract prior to completing additional work. SECTION 6. CONFIDENTIALITY: CONTRACTOR agrees that it and its employees assigned to the CITY will not disclose any information learned during the performance of this Agreement relating to the business of the CITY that is, in fact, confidential including, without limitation, all proprietary information and trade secrets of the CITY for any purpose, provided, however, CONTRACTOR and its employees may disclose such information under any of the following circumstances: (1) disclosure thereof in good faith by a Consultant in connection with the performance of Services or activities pursuant to any valid Work Order; (2) disclosure which Consultant is advised by counsel is required by a court or other governmental agency or competent jurisdiction, provided that Consultant first gives the CITY written notice and an opportunity to prevent such disclosure or otherwise seek protection of such information, or (3) disclosure by Consultant of any such information or data which is generally known within the industry or available from other persons who do not have a fiduciary duty or obligation of confidentiality to the CITY. Notwithstanding any other provision of this Agreement, the CITY acknowledges that 3 | Page CONTRACTOR and its employees are active, experienced and knowledgeable about the industry in which the CITY operate, and it is impossible for CONTRACTOR and its employees to learn information relating to the business of the CITY, or acquire ideas, know-how or technical knowledge during the Term arising out of any customized applications developed by CONTRACTOR for the CITY’s specific use (“Application Development”), and not have it affect their understanding of the industry in which the CITY, its competitors and customers operate, and that such understanding may affect what CONTRACTOR and its employees do in the future within the industry, and the CITY does not expect nor request that CONTRACTOR and its employees forget what they have learned from the CITY which may be confidential. CONTRACTOR and its employees’ promises of nondisclosure of the information is limited to direct express disclosure, whether written or verbal, of information which is confidential, in fact, to third parties. The parties acknowledge that the CITY is a unit of local government and that this Agreement must be approved by the CITY Council in a public meeting. The parties also agree that this Agreement is subject to the Illinois Freedom of Information Act and will be produced in response to a lawful request. SECTION 7. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the CITY. Contractor is an independent contractor and not the CITY’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The CITY will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the CITY, and the CITY is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the CITY and the Contractor. SECTION 8. APPROVAL AND USE OF SUBCONTRACTORS: The Contractor shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the CITY in writing. All subcontractors and subcontracts used by the Contractor shall be included on the attached disclosure and be acceptable to, and approved in advance by the CITY. The CITY’s approval of any subcontractor or subcontract shall not relieve the Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. If the Contractor chooses to use subcontractors to perform any of the Work, the Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Contractor. Every reference in this Contract to “Contractor” shall be deemed to also apply to all subcontractors of the Contractor. Every subcontract entered into by the Contractor to provide the Work or any part thereof shall include a provision binding the subcontractor to all provisions of this Contract. If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a manner satisfactory to the CITY, the Contractor shall immediately upon notice from the CITY remove and replace such personnel or subcontractor. The CITY shall have no claim for damages, for compensation in excess of the contract price, or for a delay or extension of the contract time as a result of any such removal or replacement. SECTION 9. DATA RIGHTS/ELECTRONIC FILES: All Deliverables set forth in Exhibit A shall become the property of the CITY upon payment for the service components listed in Exhibit A. 2 | Page CONTRACTOR shall bear no liability or responsibility for Deliverables that have been modified postdelivery or used for a purpose other than that for which it was prepared under this Agreement. Electronic files to be delivered under this Agreement contain information to be used for the production of contract documents for the Project will become the property of the CITY. All documents produced during this project shall be considered Contract Documents and owned by the CITY to be reproduced if necessary. SECTION 10. The parties hereto further mutually agree: 10.1 This Agreement may be terminated, in whole or in part, by either the CITY or the Contractor. However, no such termination may be effective unless the terminating party gives the other party (I) not less than thirty (30) calendar days written notice of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. If this Agreement is terminated by either party, the CONTRACTOR shall be paid for services performed to the effective date of termination. In the event of contract termination, the CITY shall receive reproducible copies of Drawings, Specifications, Reports, and other documents completed by the CONTRACTOR. In the event of an emergency or threat to the life, safety or welfare of the citizens of the CITY, the CITY shall have the right to terminate this Agreement without prior written notice. 10.2 The CONTRACTOR agrees to defend, hold harmless and indemnify the CITY and each of its officers, agents and employees from any and all liability claims, demands, liabilities, losses, damages and/or expenses including court costs and reasonable attorney's fees to the extent that such claims, losses, damages or expenses are caused by the CONTRACTORS' negligent errors, willfull acts or omissions on the part of the CONTRACTOR during the performance of this Agreement, Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the CONTRACTOR and the CITY they shall be borne by each party in proportion to its negligence. The CITY and CONTRACTOR agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer, director, or employees. 10.3 The CONTRACTOR will provide satisfactory proof of insurance naming the CITY, together with its officers, agents, employees and engineers as additional primary, non-contributory named insureds prior to commencing work. All policies shall be written on a "per occurrence" basis. The CONTRACTOR shall procure and maintain insurance for protection from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, alleged to arise from the CONTRACTOR'S negligence in the performance of services under this Agreement. CONTRACTOR’S certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the CITY. Contractor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Failure of the Contractor to supply a valid certificate of 3 | Page insurance, or if a previously valid certificate of insurance has expired and is not replaced, is grounds for issuance of a stop work order until such time as a valid certificate of insurance is provided. Failure of the CITY to collect or demand a certificate of insurance shall not be deemed a waiver of the requirement to provide one. The limits of liability for the insurance required by this Subsection shall not be less than the following: Property Damage $1,000,000 (each accident) Bodily Injury $1,000,000 (each person) $1,000,000 (each accident) Workmen’s Compensation Insurance: All Liability imposed by Workmen’s Compensation statute Employer’s Liability Insurance $2,000,000 Contractual Liability Insurance $2,000,000 Completed Operations Insurance $ 500,000 Owned, Hired, and Non-Ownership Vehicle Bodily Injury and Property Damage to the following Limits: Commercial General Liability $2,000,000 (each occurrence) Automobile Liability $2,000,000 combined single limit (each accident) Umbrella Liability $2,000,000 (each occurrence) $2,000,000 (aggregate) Professional Liability $2,000,000 (each occurrence) $2,000,000 (aggregate) 10.4 The CONTRACTOR is responsible for the quality, technical accuracy, timely completion, and coordination of all Designs, Drawings, Specifications, Reports, and other professional services furnished or required under this Agreement, and shall endeavor to perform such services with the same skill and judgment which can be reasonably expected from similarly licensed professionals. Contractor must have capability of retrieving plans electronically from the City and returning them after completion of their review. The shipping and packaging of all plans are paid for by the CONTRACTOR. This includes the initial plan submittal, re-submittals and returning the plans to the City when the project is complete. 10.5 Force Majeure. Whenever a period of time is provided for in this Agreement for the Contractor or the CITY to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform if such delay is due to a cause beyond its control and without its fault or negligence including, without limitation: a) Acts of nature; b) Acts or failure to act on the part of any governmental authority other than the CITY or Contractor, including, but not limited to, enactment of laws, rules, regulations, codes or ordinances subsequent to the date of this Agreement; c) Acts or war; d) Acts of civil or military authority; e) Embargoes; f) Work stoppages, strikes, lockouts, or labor disputes; g) Public disorders, civil violence, or disobedience; h) Riots, blockades, sabotage, insurrection, or rebellion; i) Epidemics or pandemics; j) Terrorist acts; k) Fires or explosions; l) Nuclear accidents; m) Earthquakes, floods, hurricanes, tornadoes, or other similar calamities; n) Major environmental disturbances; or o) Vandalism. If a delay is caused by any of the force majeure circumstances set forth above, the time period shall be extended for only the actual amount of time said party is so delayed. Further, either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three (3) business days of its occurrence or it shall be deemed to be waived. 4 | Page 10.6. Assignment: Neither the CITY nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. 10.7. Time is of the essence with respect to each provision hereof in which time is a factor 10.8. CONTRACTOR’s or CITY’s waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 10.9 Successors and Assigns: All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 10.10 Governing Law and Jurisdiction: The CONTRACTOR and the CITY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CONTRACTOR and the CITY arising out of this Agreement or the performance of the services shall be brought in a court of Kendall County in the State of Illinois. 10.11 Attorney’s Fees: If litigation arises pursuant to this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and reasonable attorney fees paid or incurred in good faith. 10.12 Additional Items: The CITY and Contractor further agree that A. If the Prevailing Wage Act Applies: Wage Rate Requirements: (1) The Contract shall be based upon payment by Contractor and his Subcontractor of wage rates not less than the prevailing hourly wage rate for each classification of worker engaged on the work as determined by the State of Illinois, Department of Labor. (2) A copy of the wage determination shall be posted by the Contractor in a conspicuous place at the site of the work where it can be easily seen by the workers. (3) The Contractor shall maintain certified time sheets and submit to the CITY with final invoice. (4) The Contractor will be required to sign a Wage Rate Requirement Certification. B. Prevailing Wage Some or all of the work herein may be subject to the provisions of Prevailing Wage Act, 820 ILCS 130/0.01 et.seq., providing for the payment of prevailing rate wages to all laborers, workmen and mechanics engaged on work. The Contractor agrees that, prior to making any payments to its own laborers, workers, or mechanics or to any subcontractor it will determine whether it must legally pay wages in accordance with the Prevailing Wage Act, and if so legally required, pay the then-current prevailing rate of wage as determined by the Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/. 5 | Page The CITY may at any time inquire of the Contractor as to rates of wages being paid employees of the Contractor, and any subcontractor or material men, whereupon such information shall be promptly provided by the Contractor. The Contractor shall indemnify the CITY for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws. The Contractor shall insert into each subcontract and into the project specifications for each subcontract a written stipulation requiring all laborers, workers and mechanics performing work under the contract to comply with the Prevailing Wage Act and to require each subcontractor to insert into each lower-tiered contract and into the project specification for each lower tiered subcontract a similar stipulation. C. Sexual Harassment: During the entire term of the contract, Contractor shall have in full force and effect a written Sexual Harassment Policy, which complies with the Illinois Human Rights Act (775- ILCS 5/1-101 et.seq.) including at least the following: 1) a statement on the illegality of sexual harassment; 2) the definition of sexual harassment under Illinois Law; 3) a description of sexual harassment, utilizing examples; 4) an internal complaint process, including penalties; 5) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights (“Department”) and the Illinois Human Rights Commission (“Commission”); 6) directions on how to contact the Department and the Commission; and 7) protection against retaliation as provided by Section 6-101 of the Act. D. Drug Free Workplace: In compliance with Illinois law, The Contractor certifies and agrees that it will provide a drug free workplace by: 1. Publishing a Statement: 2) Notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance, including cannabis, is prohibited in the Contractor’s workplace. 3) Specifying the actions that will be taken against employees for violations of such prohibition. 4) Notifying the employee that, as a condition of employment on such Contract, the employee will: 5) Abide by the terms of the statement; and 6) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 7) Establishing a drug free awareness program to inform employees about: 8) The dangers of drug abuse in the workplace; 9) The Contractor’s policy for maintaining a drug free workplace; 10) Available counseling, rehabilitation, or assistance programs; and 11) Penalties imposed for drug violations. 12) Providing a copy of the Statement required by subsection (a) to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. 13) Notifying the contracting agency within ten (10) days after receiving notice of any violations as listed above. 14) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program, by any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. 15) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation are required and indicating that a trained referral team is in place. 6 | Page 16) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 17) The Contractor will be required to sign a Drug Free Workplace Certification. E. Substance Abuse Prevention on Public Works Projects: Before a contractor or subcontractor commences work on a public works project as defined in 820 ILCS 130/2, the contractor or subcontractor shall have in place a written program which meets or exceeds the program requirements in the Substance Abuse Prevention on Public Works Projects Act, to be filed with the public body engaged in the construction of the public works and made available to the general public, for the prevention of substance abuse among its employees. The testing must be performed by a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the U.S. Department of Health and Human Services. At a minimum, the program shall include all of the following: 1) A minimum requirement of a 9 panel urine drug test plus a test for alcohol. Testing an employee's blood may only be used for post-accident testing, however, blood testing is not mandatory for the employer where a urine test is sufficient. 2) A prohibition against the actions or conditions specified in 820 ILCS 265/10. 3) A requirement that employees performing the work on a public works project submit to pre-hire, random, reasonable suspicion, and post-accident drug and alcohol testing. Testing of an employee before commencing work on a public works project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the public works project. 4) A procedure for notifying an employee who violates 820 ILCS 265/10, who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a public works project until the employee meets the conditions specified in subdivisions (2)(A) and (2)(B) of 820 ILCS 265/20. 10.13 Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be refined to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 10.14 This Agreement contains and embodies the entire and integrated agreement between parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 7 | Page IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized agents, this contract in DUPLICATE, each of which shall be deemed original, on the day and year first written. ______________________________________________________________________________ United City of Yorkville Administrator Date Attest_________________________________ Title___________________________________ ______________________________________________________________________________ (Printed Name of Contractor) ______________________________________________________________________________ Address Date ______________________________________________________________________________ City State Zip Code ______________________________________________________________________________ Signature of Authorized Representative ______________________________________________________________________________ Title Date 8 | Page WAGE RATE REQUIREMENTS CERTIFICATION [If applicable] GENERAL 1. The Contract shall be based upon payment by Contractor and his Subcontractor of wage rates not less than the prevailing hourly wage rate for each classification of worker engaged on the work as determined by the State of Illinois, Department of Labor. 2. The Prevailing Wage Law does not prohibit payment of more than the prevailing rate of wages nor does it limit the hours of work which may be performed by any worker in any particular period of time. 3. A copy of the wage determination shall be posted by the Contractor in a conspicuous place at the site of the work where it can be easily seen by the workers. 4. The Contractor shall maintain certified time sheets and submit to the City with final invoice. __________________________________________________________________________ (Printed Name of Contractor) __________________________________________________________________________ (Signature of Authorized Representative) __________________________________________________________________________ Address __________________________________________________________________________ 9 | Page DRUG FREE WORKPLACE CERTIFICATION In compliance with State of Illinois Compiled Statutes, Chapter 30-580, The Contractor certifies and agrees that it will provide a drug free workplace by: Publishing a Statement: A. Notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance, including cannabis, is prohibited in the Contractor’s workplace. B. Specifying the actions that will be taken against employees for violations of such prohibition. C. Notifying the employee that, as a condition of employment on such Contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. D. Establishing a Drug Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The Contractor’s policy for maintaining a drug free workplace; 3. Available counseling, rehabilitation, or assistance programs; and 4. Penalties imposed for drug violations. E. Providing a copy of the Statement required by subsection (a) to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. F. Notifying the contracting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. G. Imposing a sanction on, or requiring the satisfactory participation in a Drug Abuse Assistance or Rehabilitation Program, by any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. H. Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation are required and indicating that a trained referral team is in place. I. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. The undersigned affirms, under penalties of perjury, that he/she is authorized to execute this certification on behalf of the designated organization. ____________________________________________________________________________ (Printed name of Contractor) ____________________________________________________________________________ Address ____________________________________________________________________________ City State Zip Code ____________________________________________________________________________ Signature of Authorized Representative ____________________________________________________________________________ Title Date 10 | Page NON-COLLUSION CERTIFICATE The Undersigned Bidder is not barred from bidding for this Contract as a result of a violation of either Section 33E-3 or Section 33E-4 of Chapter 38 of the Illinois Revised Statutes concerning bid rigging, rotating, kickbacks, bribery and interference with public contracts. ___________________________________________________________________________ (Printed Name of Contractor) ___________________________________________________________________________ Address ___________________________________________________________________________ City State Zip Code ___________________________________________________________________________ Signature of Authorized Representative ___________________________________________________________________________ Title Date 11 | Page ELIGIBLE CONTRACTOR AND SUBCONTRACTOR CERTIFICATE The Undersigned Bidder is not barred from bidding for this Contract as a result of a violation of either Title 3, Chapter 1, Section 12 of The City Code regarding ineligible contractors. ___________________________________________________________________________ (Printed Name of Contractor) ___________________________________________________________________________ Address ___________________________________________________________________________ City State Zip Code ___________________________________________________________________________ Signature of Authorized Representative ___________________________________________________________________________ Title Date 12 | Page STATE AND FEDERAL EQUAL OPPORTUNITY EMPLOYER CERTIFICATE The Undersigned Bidder agrees to comply with all State and Federal Equal Opportunity Employer laws. ___________________________________________________________________________ (Printed Name of Contractor) ___________________________________________________________________________ Address ___________________________________________________________________________ City State Zip Code ___________________________________________________________________________ Signature of Authorized Representative ___________________________________________________________________________ Title Date EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Exhibit A - Page 1 The scope of work will include the following components: Consulting services are available for building plan review, inspections, property maintenance inspections, department administration, assistance with zoning and planning, ordinance development and redevelopment planning. The type of projects includes: residential, mixed use and commercial projects. All first reviews are performed in nine (9) business days from date they are received in our office and second and all subsequent reviews are performed in five (5) business days. There is no additional fee for any re-reviews. All inspections are performed with less than twenty-four (24) hours notice. All inspections received by 4:00 PM will be performed the next business. Inspections are completed between the hours of 8:00 AM until 4:00 PM. CONTRACTOR must make special requests for specific times available as well as emergency inspections after hours. CONTRACTOR will provide contact information for after hour's personnel to conduct site visits for consultation. There is no limit to the number of reviews or inspections which can be performed. Single Family – Plan Review Single Family Homes first reviews will be performed within nine (9) business days and second reviews within five (5) business days. All fees shown below are flat fees or priced per square foot; no additional fees will be billed to the City. Single Family Homes up to 3,200 square feet: Five Hundred SixtySix Hundred Thirty-Five Dollars ($635.00) per dwelling unit (Includes building, plumbing, mechanical, energy and electrical). Single Family Homes over 3,200 square feet: $0.198 per square foot (actual square footage) (Includes building, plumbing, mechanical, energy and electrical) Single Family Home Additions $0.198 per square foot (actual square footage) (Includes building, plumbing, mechanical, energy and electrical) with a minimum fee of ($200.00) Two Hundred Dollars. Re-inspection fees are invoiced at the rate of Fifty-Five Dollars ($55.00) per inspection (each discipline is considered a separate inspection and is described below). Zoning - $ 75.00 per lot EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Exhibit A - Page 2 INSPECTIONS FOR SINGLE FAMILY HOMES ARE IN THE FOLLOWING ORDER FOOTING FORMS - When the forms are set and before the concrete is poured. FOUNDATION FORMS - When the forms are set and before the concrete is poured. BACKFILL - When the concrete is poured, waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled. PLUMBING UNDERGROUND - When piping is located between the floors or underground but before the covering is in place. Flushing of the underground shall be witnessed. FRAMING OR STRUCTURAL - Before any drywall, plaster or interior finish is applied. Rough-in of the electrical, plumbing, ductwork must be in place before the inspection. An inspection per floor is required. HVAC ROUGH - When piping and ductwork is installed. ELECTRICAL ROUGH IN - When rough-in work is complete and before drywall, concrete or backfill is in place. AIR LEAKAGE - When all roughs are complete and exterior finish is complete. PLUMBING ROUGH IN - When rough-in work is complete. INSULATION - When insulation is installed prior to drywall. CONCRETE FLOOR BASEMENT - When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. CONCRETE FLOOR GARAGE - When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. ELECTRIC SERVICE - When meter socket and main panel are installed. FINAL PLUMBING - When final work is complete and before the system is operational. FINAL HVAC - When all HVAC components are complete. FINAL ELECTRIC - When all electrical components are complete. FINAL BUILDING - When all Building components are complete. 4 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Exhibit A - Page 3 Additional inspections for driveways, sidewalks, service walks, patios or decks can be performed for an additional fee. Commercial, Industrial, Multi-Family - Plan Review Plan review fees invoiced as shown in our current fee schedule include: Building, Mechanical, Plumbing, Electric plus any additional reviews such as Energy. This does not include engineering, storm water or special use. The fees shown for Commercial, Industrial, and multi- Family include unlimited reviews, and there is no charge for re-reviews. Specialized Commercial and Industrial or processes: One Hundred and Fifty Dollars ($150.00) per hour INSPECTIONS COMMERCIAL & INDUSTRIAL (New Construction, Additions, Existing) FOOTING FORMS - When the forms are set and before the concrete is poured. FOUNDATION FORMS - When the forms are set and before the concrete is poured. FOUNDATION BACKFILL - When the concrete is poured, waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled. FRAMING OR STRUCTURAL - Before any drywall, plaster or interior finish is applied. Rough in of electrical, plumbing, ductwork must be in place before the inspection. An inspection per floor is required for all uses. HVAC ROUGH - When piping and ductwork is installed. ELECTRICAL ROUGH IN - When rough in work is complete and before the drywall, concrete or backfill is in place. PLUMBING ROUGH IN - When rough work is complete. ENERGY CONSERVATION - Inspect for energy conservation as each area is completed. ELECTRIC SERVICE - When meter socket and main panel are installed. DRYWALL - When drywall is installed prior to the taping. CONCRETE FLOORS - When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. FINAL PLUMBING - When final work is complete and before the system is operational. FINAL HVAC - When all HVAC components are complete. 5 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Exhibit A - Page 4 FINAL ELECTRIC - When all electrical components are complete. STRUCTURAL FINAL - When all the work is completed. OCCUPANCY - When all the work is complete and before occupancy. Fire protection system reviews and inspections can be provided if requested. INSPECTION FEES All fees shown below are a per square foot building fee and no additional fees will be billed to the City. Building .14 per square foot Plumbing .04 per square foot Mechanical .04 per square foot Electrical .04 per square foot Energy .02 per square foot Other Services Miscellaneous Plan Reviews: Twenty-Five Dollars ($25.00) per Trade - Miscellaneous Plan Review shall include sheds, decks, fences, pools, re-roofing, satellite dishes, appliance and minor plumbing installations. These inspections can be performed on site while performing inspections. Miscellaneous Inspections: Thirty-Five Dollars ($35.00) Per Inspection (per Trade) - Miscellaneous inspections shall include sheds, decks, fences, pools, re-roofing, satellite dishes, appliance and minor plumbing installations.) Property Maintenance Inspections - These inspections can be performed as a separate project, respond to complaints or along with the normal inspections. The fee for property maintenance inspections are Sixty five Dollars ($65.00) per hour. This fee does not include any court time. Ordinance development - CONTRACTOR to provide assistance with the rewriting of existing ordinances or the development of new ordinances can be provided. This can include building, zoning, fees, property maintenance or any area where a building, zoning or planning department is involved. Any ordinance related to fees or services in this contract would be prepared at no charge. This includes agreements for building inspections, property maintenance inspections, zoning and planning and ordinances for building safety, zoning and fees. Other ordinances at the rate of One Hundred Fifty Dollars ($150.00) per hour. 6 7 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE Exhibit A - Page 5 The current Ordinance on the Building related codes will be reviewed and updated for no charge. Zoning and Planning CONTRACTOR will provide a staff member experienced in zoning and planning to assist with the zoning, planning and downtown redevelopment. This service can be customized to fit the needs of the City. It can include zoning and planning reviews for new or potential projects or assistance with long range planning. Fees for Zoning and Planning Single Family- Seventy-Five Dollars ($75.00) per lot Commercial - One Hundred Twenty Dollars ($120.00) per 10,000 square feet of site and building floor area per review Prices above do not include engineering, storm water or special use. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 11/20/2017 The PLEXUS Groupe LLC 21805 W Field Parkway, Ste 300 Deer Park IL 60010 Certificates (847)307-6100 (847)307-6199 certificates@plexusgroupe.com B&F Construction Code Services, Inc. 2420 Vantage Dr Elgin IL 60124 Continental Casualty 20443 Continental Insurance Company 35289 Ohio Casualty Insurance Company 24074 Hiscox 17-18 GL,AL,WC,UMB,BOND, A X X X 6056658996 10/28/2017 10/28/2018 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 B X 6056659002 10/28/2017 10/28/2018 1,000,000 Physical Damage - ACV 1,000 ded B X X X 10,000 6056659033 11/20/2017 10/28/2018 3,000,000 3,000,000 A N 6056659016 10/28/2017 10/28/2018 X 1,000,000 1,000,000 1,000,000 C Surety Bond Plumbing 32S414423 9/30/2017 9/30/2018 Bond Limit $20,000 D Professional Liablity ANE1451178417 5/13/2017 5/13/2018 LImit/Retention $2MM/$10,000 Certificate is issued as evidence of coverage. W Fawcett III/LSOREN United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Safety #1 Tracking Number PS 2017-19 KenCom Intergovermental Agreement and Ordinances City Council – January 23, 2018 PS - 01/04/18 Moved forward to City Council agenda. PS 2017-19 See attached informational memo and copies of the intergovernmental agreement and ordinanaces. Chieft of Police Rich Hart Police Department Name Department Yorkville Police Department Memorandum 804 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: December 12, 2017 To: Public Safety Committee/City Council From: Chief Rich Hart Reference: KenCom Intergovernmental Agreement – Tyler New World Licensing and Maintenance Fees Attached you will find copies of the Ordinances and Intergovernmental agreements with KenCom and Tyler New World. Listed below are the background, discussion, and recommendation points that Chief of Police Jeff Burgner presented to the Oswego Village Board. His memo is the direct result of meetings between the Chiefs and Command Staff of all of the departments involved in the KenCom agreements. It should be noted that the cost for Oswego are different, these are the costs for Yorkville. Table #1 – One-Time Initial Buy-In Cost Qty Description Per Item Amount Total 14 Tyler/New World Software Licenses for Mobile CAD $300 $4,200.00 14 Permanent Mount Hardware for AVL (no annual maintenance) $75 $1,050.00 14 Tyler/New World Software Licenses for Mobile In-Car Mapping $75 $1,050.00 14 Third Party Software Licenses for In-Car Mapping $150 $2,100.00 16 Tyler/New World Field Based Reporting Mobile/Desktop Software Licenses $300 $4,800.00 16 Tyler/New World Field Based Reporting Field Investigation Mobile/Desktop Software Licenses $75 $1,200.00 Grand Total One-Time Buy-In Cost $14,400.00 Table #2 – YPD’s Annual Maintenance Costs for the Tyler/New World products and third party software listed in Table #1 above Year Period Covered Amount 2017 July 1st, 2017 – June 30th, 2018 $0 2018 July 1st, 2018 – June 30th, 2019 $2,803.50 2019 July 1st, 2019 – June 30th, 2020 $2,887.61 2020 July 1st, 2020 – June 30th, 2021 $2,974.23 2021 July 1st, 2021 – June 30th, 2022 $3,063.46 2022 July 1st, 2022 – June 30th, 2023 $3,155.36 2023 July 1st, 2023 – June 30th, 2024 $3,250.02 2024 July 1st, 2024 – June 30th, 2025 $3,347.53 2025 July 1st, 2025 – June 30th, 2026 $3,447.95 2026 July 1st, 2026 – June 30th, 2027 $3,551.39 Chief Burgner’s memo: BACKGROUND: The Oswego Police Department has been a member agency to KenCom Public Safety Dispatch Center (KenCom) since the inception in 1992. In 1995, a Computer Aided Dispatch (CAD) software program was purchased and has been used since then with numerous upgrades along the way. KenCom has identified the need for new CAD software and funding was identified through capital budgeting within the KenCom budget. In 2003, the Kendall County Sheriff’s Office via Kendall County and the Oswego Police Department via the Village of Oswego jointly purchased a report management system (RMS) software manufactured by New World Systems which is now owned by Tyler Technologies. The RMS software which we will now go by the name Tyler/New World for reference purposes has been upgraded many times over the years of use. Since the original purchase in 2003, Yorkville Police Department and Plano Police Department became member users of the Tyler/New World RMS software. The long term vision when the RMS software was purchased in 2003 was to eventually have it integrate through the CAD software which would assist in making data entry at the municipal level more efficient. DISCUSSION: When KenCom began researching new CAD software options in 2016, the member police agencies requested that KenCom consider the concept of RMS and CAD integration when researching options. During the discussions at various KenCom Operating Board and Finance Committee meetings, the concept of KenCom taking over by “Assignment” the Tyler/New World RMS contract which is currently held by Kendall County which would allow KenCom to then purchase the Tyler/New World CAD software as an upgrade to the current Tyler/New World Contract was discussed as an option. The concept of the “Assignment” of this contract went in front of the Kendall County Board for consideration and possible approval. The current Intergovernmental Agreement (IGA) between the Village of Oswego and Kendall County regarding the RMS software requires both parties to agree to any reassignment before it can become effective. Kendall County has agreed to assign the Tyler/New World RMS software to KenCom as well as allow the IGA between the Village of Oswego and Kendall County be assigned to KenCom. On June 6, 2017, the Village of Oswego Board of Trustees approved the assignment of our IGA with Kendall County to KenCom. On May 25, 2017, the KenCom Executive Board approved the purchase of the CAD software contingent of the contract “Assignment” being approved by Kendall County and the Village of Oswego. The KenCom Executive Board also approved accepting the “Assignment” of the IGA held currently by Kendall County and the Village of Oswego. All terms of the current IGA between the Village of Oswego and Kendall County are be held by KenCom once all parties have approved the assignments. While working through the implementation of the upgrade project, two IGA documents were drafted by a committee for all member agencies to use for consistency. The two documents now known as the Tyler/New World Licensing and Maintenance IGA and the Tyler/New World Security and Operations IGA have incorporated language that works for all member agencies and will provide a consistent set of documents for members and KenCom to operate from regarding Tyler/New World software and maintenance. These two documents will now replace the existing IGA that was assigned by the Village of Oswego to KenCom on June 6, 2017 in order to have all member agencies working from the same documents. The Tyler/New World Licensing and Maintenance IGA will cover the cost sharing of the entire system, which includes a one-time buy-in cost for all of the mobile CAD modules based on how many licenses we have and an ongoing cost sharing attachment that sets out terms for maintenance fees over the next ten years. The current cost to the Village for the one-time software purchase is $19,725 in the FY19 Village operating budget and is not included in our current KenCom budget amount in FY18. The cost sharing agreements for RMS maintenance are split between police and fire entities (different number of entities, different modules within the systems). Generally, Montgomery pays a higher, flat contribution because they are a late-arriving partner in KenCom and Oswego pays a portion of the costs remaining after the Montgomery contribution is put towards the gross total cost. KenCom has negotiated annual maintenance costs for the RMS for 10 years. These fees include a 3% increase per year. The previous agreement included a 4% increase per year. This lower rate will be a long term savings for all law enforcement users. These known costs are shown in Exhibit A. These amounts will be included in the Village operating budget in future fiscal years. An additional outcome of this project will also result in a lower annual maintenance cost for our squad car CAD software. Additionally; part of this overall CAD purchase project will include Montgomery Police Department becoming a Tyler/New World RMS user through KenCom. Currently Montgomery Police Department utilizes their own stand-alone version of RMS. The benefits to this integration include further expansion of information sharing within Kendall County Law Enforcement agencies under the Tyler/New World RMS. Montgomery Police Department will also be committing to a 10 year agreement for dispatch services from KenCom. This will assist in creating a more stable KenCom budget and the commitment will assist in controlling the Village of Oswego share of KenCom dispatching fees. RECOMMENDATION: Staff recommends upon final review of the IGA’s by the Village Attorney, that the Village Board approve (1) Resolution Authorizing an Intergovernmental Agreement Between the Village of Oswego and Kendall County Emergency and Communications Board (KenCom) – Tyler/New World Licensing Agreement and (2) Resolution Authorizing an Intergovernmental Agreement Between the Village of Oswego and Kendall County Emergency and Communications Board (KenCom) – Tyler/New World Security and Operation. -Please see attached documents for further information. Ordinance No. 2018-____ Page 1 Ordinance No.2018-______ ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a non-home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and WHEREAS, Kendall County Emergency Phone Service and Communications Board (“Kencom”), proposes to purchase certain computer software and hardware for use by all participants in the operation of Kencom pursuant to the terms and conditions of the: “UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD, INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Fees (the “Intergovernmental Agreement”)” WHEREAS, the City has determined that it is in the best interest of the current and future residents of the City to enter into this Intergovernmental Agreement with Kencom in order to provide improved dispatching services for the Yorkville Police Department. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Intergovernmental Agreement, by and between the City and the Kendall County Emergency Phone Service and Communication Board for the sharing of Tyler/New World Security and Operations Fees, in the form attached hereto and made a part hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute same. Ordinance No. 2018-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2018. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2018. ____________________________________ Mayor Attest: _________________________________ City Clerk UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Revision Date 11/14/2017 Page 1 of 5 THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as “Agreement”) is hereby entered into by and between the Kendall County Emergency Phone Service and Communications Board, 1100 Cornell Lane, Yorkville, Illinois, and the United City of Yorkville on behalf of the Yorkville Police Department, 804 Game Farm Road, Yorkville, Illinois 60560. For purposes of this Agreement, the Kendall County Emergency Phone Service and Communications Board and the United City of Yorkville on behalf of the Yorkville Police Department shall hereinafter collectively be referred to as “the parties”. WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, The United City Of Yorkville on behalf of the Yorkville Police Department (hereinafter referred to as “YPD”, and the Kendall County Emergency Phone Service and Communications Board (hereinafter referred to as "KenCom”), are units of local government within the meaning of Article VII, Section 10 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 55 ILCS 220/1et seq.; and WHEREAS, KenCom has purchased and/or acquired computer software and hardware that allow for operation of the Tyler/New World software; including, but not limited to, Computer Aided Dispatch (CAD), Mobile Messaging, Field Based Reporting, Fire Records Management, Law Enforcement Records Management, Corrections Management, Photo Imaging, Data Analysis/Crime Mapping/Management Reporting and ESRI Embedded Applications, (hereinafter collectively referred to as "Tyler/New World software"); and WHEREAS, said Tyler/New World software includes multi‐jurisdictional features which allow the sharing of Tyler/New World software amongst different agencies; and WHEREAS, KenCom will operate the Tyler/New World software on its server(s); and WHEREAS, YPD and KenCom desire to enter into this Agreement in order to provide an arrangement which would facilitate the use of the Tyler/New World Software by YPD through the use of the server(s) operated by KenCom; and WHEREAS, the parties to this Agreement agree that the server(s) operated by KenCom has sufficient capacity at the present time to handle the Tyler/New World computer software which Tyler/New World intends to provide to YPD; and WHEREAS, the parties that have executed this Agreement have the requisite authority to execute this Agreement and intend by the execution of this Agreement to bind KenCom and YPD respectively to the terms of this Agreement; and WHEREAS, the parties to this Agreement have each had ample opportunity to review this Agreement with their respective governing bodies, if any, and that this Agreement has been reviewed UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Revision Date 11/14/2017 Page 2 of 5 by legal counsel for the respective agencies and approved by the respective governing bodies, if any. WHEREAS, YPD, while using the Tyler/New World software on the KenCom server, will be bound by the terms of this Security and Operations IGA. NOW THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: 1. The above recitals are incorporated herein by reference. 2. This IGA will not be considered effective until both the Tyler/New World Assignment from Kendall County and Tyler/New World Licensing and Maintenance Fees IGA are signed by the parties. In the event of any conflict between the terms and conditions of this Agreement, the Tyler/New World Assignment and/or the Tyler/New World Licensing and Maintenance Fees IGA, the order of precedence shall be: first, the Assignment; then, the Tyler/New World Licensing and Maintenance Fees IGA; and then, this Agreement. 3. In the event the Tyler/New World Licensing and Maintenance Fees IGA and the Tyler/New World Assignment are not signed by the parties within six (6) months after the date the parties execute this Agreement, this Agreement shall become null and void. 4. YPD shall have the right to remove data owned by YPD from the KenCom server, but YPD is responsible for their costs incurred to remove the data. YPD will abide by terms set forth in this IGA for so long as KenCom and YPD have possession of or access to the Tyler New World software and/or records. 5. Data imported, records created and stored by a fire or police agency on the KenCom Tyler/New World server in the fire and police Records Management Software System is the property of the imputing agency. 6. YPD will be permitted to use the KenCom computer network to access KenCom’s Tyler/New World server(s) owned and maintained by KenCom for the purposes of the operation of Tyler/New World software. 7. All connectivity charges including hardware, software, services and security incurred with connection with YPD’s access to and operation of the Tyler/New World software on the KenCom computer network will be at the cost of YPD and will be paid directly by YPD. 8. KenCom will own and maintain the Tyler/New World server(s). KenCom will bear sole responsibility and cost for the maintenance and replacement of KenCom’s hardware that operates the Tyler/New World software. 9. KenCom will arrange for all backup, data recovery and security systems in accordance with the regulations and operating procedures of KenCom approved by the Operations and Executive Boards. UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Revision Date 11/14/2017 Page 3 of 5 10. KenCom and YPD will have no liability to the other for data which is damaged or lost as a result of the operation and/or failure of the Tyler New World server(s) or the KenCom computer network. 11. KenCom will arrange for scheduled system downtime for maintenance with no less than a twenty‐four (24) hour confirmed notice to YPD’s designee. Upon execution of this IGA, YPD will provide KenCom with the name and contact information of their designee. 12. KenCom will respond to any unscheduled downtime due to system failure or emergency situations as quickly as possible to minimize the impact to YPD. KenCom shall provide notice of the unscheduled downtime to YPD’s designee as soon as practical. 13. YPD will administer all aspects of YPD’s use of the Tyler/New World software including the issuance of passwords, authorizing of new users, discontinuing access of former users, assignment of security levels and all other administrative aspects of YPD’s use of the Tyler/New World software. 14. KenCom nor YPD shall be responsible for responding to requests for other agency’s information, whether by FOIA or any other requests. In no event shall KenCom release any of YPD’s RMS records to a third party without the prior written consent of YPD unless ordered to do so by a court. In no event shall YPD release any of the KenCom CAD records to a third party without the prior written consent of KenCom unless ordered to do so by a court. 15. Each party shall hold all confidential information of the other party in trust and confidence for the party claiming confidentiality and not use such confidential information other than for the benefit of that party or the sake of the safety of other emergency responders that KenCom provides dispatch service for. The other party agrees not to disclose any such confidential information, by publication or otherwise, to any other person or organization. For purposes of this Agreement, confidential information shall include any and all information contained in the Records Management System. 16. KenCom will effectuate and keep current a signed agreement or IGA with their contracted IT provider that will allow access to the Tyler/New World server(s) or computers that operate Tyler/New World software for maintenance purposes only, that prevents IT staff from viewing data that exists on the server(s) and computers unless necessary for the purpose of maintenance and that forbids dissemination of any data that is accessed on the server(s) or computers during the course of performing maintenance. 17. The parties agree that any modification to the Agreement must be in writing and signed by authorized individuals on behalf of the undersigned parties. 18. This agreement shall not be assigned without the prior written consent of the parties. In any action with respect to this Agreement, the parties are free to pursue any legal remedies at law of in equity. All terms and provisions of this Agreement shall be governed by the laws of the State of Illinois and are subject to good faith and fair dealing implied in all Illinois UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Revision Date 11/14/2017 Page 4 of 5 contracts. The parties agree that the proper venue for this Agreement shall be Kendall County, Illinois. If any provision of this Agreement shall be declared or found invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal, and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from the Agreement, and in either case the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 19. Any notice required or permitted to be given pursuant to this Agreement, with the exception of scheduled and unscheduled system maintenance, shall be duly given if sent by email or fax and certified mail or courier service and proof of service is received. In the case of notice to KenCom Public Safety Dispatch, send to, Attention Director, 1100 Cornell Lane, Yorkville, IL 60560, fax (630)882‐8532, email KenComAdmin@co.kendall.il.us; and, in the case of notice to YPD, send to (Designee), (Title), (Address), (Fax), (Email). Notice shall be effective upon receipt by the other party. 20. Neither party will be responsible to the other for damage, loss, injury or interruption of work if the damage, loss, injury or interruption of work is caused solely by conditions that are beyond the reasonable control of the parties, and without the intentional misconduct or negligence of that party (hereinafter referred to as a “force majeure event”). To the extent not within the control of either party, such force majeure events include: acts of God, acts of any governmental authorities, fire, explosions or other casualties, vandalism and riots of war. A party claiming a force majeure event (“the claiming party”) shall promptly notify the other party in writing, describing the nature and estimated duration of the claiming party’s inability to perform due to the force majeure event. The cause of such inability to perform will be remedied by the claiming party with all reasonable dispatch. 21. This Agreement supersedes any other prior oral agreements between the parties regarding the matters set forth in this Agreement. 22. Nothing contained in this Agreement, nor any act of the parties pursuant to this Agreement shall be deemed or constructed to create any joint employer relationship. 23. This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Security and Operations Revision Date 11/14/2017 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the below date. Kendall County Emergency Phone Service and Communications Board United City Of Yorkville, Illinois Name: Name: Title: Chairman, KenCom Executive Board Title: Date: Date: Signature: Signature: Ordinance No. 2018-____ Page 1 Ordinance No. 2018-______ ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a non-home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and WHEREAS, Kendall County Emergency Phone Service and Communications Board (“Kencom”), proposes to purchase certain computer software and hardware for use by all participants in the operation of Kencom pursuant to the terms and conditions of the: “UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD, INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees (the “Intergovernmental Agreement”)” WHEREAS, the City has determined that it is in the best interest of the current and future residents of the City to enter into this Intergovernmental Agreement with Kencom in order to provide improved dispatching services for the Yorkville Police Department. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Intergovernmental Agreement, by and between the City and the Kendall County Emergency Phone Service and Communication Board for the sharing of Tyler/New World Software Licensing and Maintenance Fees, in the form attached hereto and made a part hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute same. Ordinance No. 2018-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2018. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2018. ____________________________________ Mayor Attest: _________________________________ City Clerk UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees Revision Date 11/14/2017 Page 1 of 5 THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as “Agreement”) is hereby entered into by and between the Kendall County Emergency Phone Service and Communications Board, 1100 Cornell Lane, Yorkville, Illinois 60560 (hereinafter referred to as “KenCom”) and the United City Of Yorkville on behalf of the Yorkville Police Department, 804 Game Farm Road, Yorkville, Illinois 60560, (hereinafter referred to as “YPD”). For purposes of this Agreement, KenCom and YPD shall hereinafter collectively be referred to as “the parties”. WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, YPD and KenCom are units of local government within the meaning of Article VII, Section 10 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act; and WHEREAS, KenCom has purchased and/or acquired computer software and hardware that allow for operation of the Tyler/New World software; including, but not limited to, Computer Aided Dispatch (CAD), Mobile Messaging, Field Based Reporting, Fire Records Management, Law Enforcement Records Management, Corrections Management, Photo Imaging, Data Analysis/Crime Mapping/Management Reporting and ESRI Embedded Applications, (hereinafter collectively referred to as "Tyler/New World software"); and WHEREAS, YPD has requested KenCom to obtain on their behalf software licensing and hardware for Tyler/New World Mobile Messaging, Tyler/New World Field Based Reporting and/or the Tyler/New World Records Management System; WHEREAS, the parties that have executed this Agreement have the requisite authority to execute this Agreement, and intend by the execution of this Agreement to bind KenCom and YPD respectively to the terms of this Agreement; and WHEREAS, the parties to this Agreement have each had ample opportunity to review this Agreement with their respective governing bodies, if any, and that this Agreement has been reviewed by legal counsel for the respective agencies and approved by the respective governing bodies if any. NOW THEREFORE, in consideration of the premises and mutual covenants hereafter set forth, the parties agree as follows: 1) The above recitals are incorporated herein by reference. 2) This IGA will not be considered effective until both the Tyler/New World Assignment from Kendall County and Tyler/New World Security and Operations IGA are signed by the parties. In the event of any conflict between the terms and conditions of this Agreement, the Tyler/New World Assignment, and/or the Tyler/New World Security and Operations Agreement, the order UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees Revision Date 11/14/2017 Page 2 of 5 of precedence shall be: first, the Assignment; then, this Agreement; and then, the Tyler/New World Security and Operations Agreement. 3) In the event the Tyler/New World Security and Operations Agreement and the Tyler/New World Assignment are not signed by the parties within six (6) months after the date the parties execute this Agreement, this Agreement shall become null and void. 4) YPD agrees to reimburse KenCom for initial one‐time buy‐in costs for Tyler/New World products listed in Table #1 which will be invoiced by KenCom on April 1st and will be due no later than (60) days after YPD’s receipt of the invoice. Table #1 – One‐Time Initial Buy‐In Cost Qty Description Per Item Amount Total 14 Tyler/New World Software Licenses for Mobile CAD $300 $4,200.00 14 Permanent Mount Hardware for AVL (no annual maintenance) $75 $1,050.00 14 Tyler/New World Software Licenses for Mobile In‐Car Mapping $75 $1,050.00 14 Third Party Software Licenses for In‐Car Mapping $150 $2,100.00 16 Tyler/New World Field Based Reporting Mobile/Desktop Software Licenses $300 $4,800.00 16 Tyler/New World Field Based Reporting Field Investigation Mobile/Desktop Software Licenses $75 $1,200.00 Grand Total One‐Time Buy‐In Cost $14,400.00 5) YPD agrees to reimburse KenCom within (60) days of purchase for any additional software and/or equipment procured from Tyler/New World by KenCom on behalf of YPD after the initial buy‐in, provided YPD has requested in writing the additional software and/or equipment purchase. 6) YPD agrees to reimburse KenCom for on‐going annual maintenance costs for software licensing for Tyler/New World products and Third Party Software listed in Table #1 above according to an estimated maintenance fee schedule as set forth in the following Table #2: Table #2 – YPD’s Annual Maintenance Costs for the Tyler/New World products and third party software listed in Table #1 above Year Period Covered Amount 2017 July 1st, 2017 – June 30th, 2018 $0 2018 July 1st, 2018 – June 30th, 2019 $2,803.50 2019 July 1st, 2019 – June 30th, 2020 $2,887.61 2020 July 1st, 2020 – June 30th, 2021 $2,974.23 2021 July 1st, 2021 – June 30th, 2022 $3,063.46 2022 July 1st, 2022 – June 30th, 2023 $3,155.36 2023 July 1st, 2023 – June 30th, 2024 $3,250.02 2024 July 1st, 2024 – June 30th, 2025 $3,347.53 2025 July 1st, 2025 – June 30th, 2026 $3,447.95 2026 July 1st, 2026 – June 30th, 2027 $3,551.39 UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees Revision Date 11/14/2017 Page 3 of 5 The parties agree the calculated annual maintenance costs set forth in Table #2 are based on the number and type of software license fees listed in Table #1 above. The parties understand and agree the estimated maintenance fee schedule set forth in Table #2 is subject to change if KenCom purchases additional Mobile and Field Based Reporting software for YPD’s use, provided YPD has agreed to the additional software purchase on YPD’s behalf. 7) Annual maintenance costs will be billed annually by KenCom on April 1st and will be due no later than (60) days after YPD’s receipt of the invoice. 8) YPD agrees to reimburse KenCom for YPD’s portion of the Tyler/New World Records Management System annual maintenance costs for a period of no less than (10) years beginning on July 1st, 2017. YPD’s portion of the Tyler/New World Records Management System maintenance costs will be billed annually by KenCom on April 1st and will be due no later than (60) days after YPD’s receipt of the invoice. For purposes of this Agreement, the Records Management System includes the software listed in Attachment B – Fourth Amendment of the KenCom Tyler New World Agreement. ** See Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement for the agreed upon portion of the Records Management System to be paid by YPD, which is incorporated by reference herein. ** 9) Affected member agencies with a cost sharing agreement for Tyler/New World Records Management Software will have thirty (30) days to respond to a request for cost sharing information in regards to agencies interested in joining KenCom. If the affected member agencies fail to reach consensus within thirty (30) days, the KenCom Finance Committee will determine what the cost sharing amount will be for the new agency. 10) The parties agree that any modification to this Agreement must be in writing and signed by authorized individuals on behalf of the undersigned parties. 11) This agreement shall not be assigned without the prior written consent of the parties. In any action with respect to this Agreement, the parties are free to pursue any legal remedies at law or in equity. All terms and provisions of this Agreement shall be governed by the laws of the State of Illinois and are subject to good faith and fair dealing implied in all Illinois contracts. The parties agree that the proper venue for this Agreement shall be Kendall County, Illinois. If any provision of this Agreement shall be declared or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal, and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from the Agreement, and in either case the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 12) Any notice required or permitted to be given pursuant to this Agreement, with the exception of invoicing, shall be duly given if sent by email or fax and certified mail or courier service and proof of service is received. In the case of notice to KenCom Public Safety Dispatch, send to, UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees Revision Date 11/14/2017 Page 4 of 5 Attention Director, 1100 Cornell Lane, Yorkville, IL 60560, fax (630)882‐8532, email KenComAdmin@co.kendall.il.us; and, in the case of notice to YPD, send to (Designee), (Title), (Address), (Fax), (Email). Notice shall be effective upon receipt by the other party. 13) Neither party will be responsible to the other for damage, loss, injury or interruption of work if the damage, loss, injury or interruption of work is caused solely by conditions that are beyond the reasonable control of the parties, and without the intentional misconduct or negligence of that party (hereinafter referred to as a “force majeure event”). To the extent not within the control of either party, such force majeure events include: acts of God, acts of any governmental authorities, fire, explosions or other casualties, vandalism and riots of war. A party claiming a force majeure event (“the claiming party”) shall promptly notify the other party in writing, describing the nature and estimated duration of the claiming party’s inability to perform due to the force majeure event. The cause of such inability to perform will be remedied by the claiming party with all reasonable dispatch. 14) This Agreement’s effective date is the last date of execution of the Parties. This Agreement shall be in effect for a period of two (2) years from the effective date of the Agreement and shall automatically renew each year for successive one (1) year periods, for up to eight (8) years, unless YPD gives written notice to cancel the renewal to KenCom at least ninety (90) calendar days prior to the effective date of the renewal. For purposes of calculating the renewal date, the renewal date would fall upon the same month and day of the Agreement’s effective date. Upon written notice of intent to cancel the renewal, YPD shall continue to have access to the Tyler/New World software on KenCom’s server for a period of at least eighteen (18) months from the date such notice is received. KenCom will cooperate with YPD in transferring YPD’s records and data back to YPD in working order. The costs incurred to transfer YPD’s records and data back to YPD shall be borne by YPD. Also, in the event YPD provides written notice to cancel the renewal, YPD shall be responsible for the remaining amounts set forth in this Agreement. 15) This Agreement supersedes any other prior oral agreements between the parties regarding the matters set forth in this Agreement. 16) Nothing contained in this Agreement, nor any act of the parties pursuant to this Agreement shall be deemed or constructed to create any joint employer relationship. 17) This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD INTERGOVERNMENTAL AGREEMENT (2018) – Tyler/New World Licensing and Maintenance Fees Revision Date 11/14/2017 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the below date. Kendall County Emergency Phone Service and Communications Board United City Of Yorkville, Illinois Name: Name: Title: Chairman, KenCom Executive Board Title: Date: Date: Signature: Signature: Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement Revision Dated 11/14/2017 Page 1 of 3 KenCom’s annual maintenance fees associated with the Tyler/New World Law Enforcement Records Management System are listed in Table #1 below. The annual maintenance costs set forth in Table #1 shall be shared among the police agency members of KenCom using the Tyler/New World Law Enforcement Records Management Systems during the year when said maintenance cost is due. The police agencies will determine the cost sharing percentages for each applicable police agency and make notification to KenCom for the purpose of invoicing. The police agencies listed in Table #2 below agree to share the total cost of the annual maintenance fees according to the amounts listed in Table #1. Table #1 – On‐Going Annual Maintenance Costs Law Enforcement Records Management System Year Year Period Covered Total Amount 1 2017 July 1st, 2017 – June 30th, 2018 $141,452 2 2018 July 1st, 2018 – June 30th, 2019 $104,000 3 2019 July 1st, 2019 – June 30th, 2020 $107,120 4 2020 July 1st, 2020 – June 30th, 2021 $90,000 5 2021 July 1st, 2021 – June 30th, 2022 $92,700 6 2022 July 1st, 2022 – June 30th, 2023 $95,481 7 2023 July 1st, 2023 – June 30th, 2024 $98,345 8 2024 July 1st, 2024 – June 30th, 2025 $101,296 9 2025 July 1st, 2025 – June 30th, 2026 $104,335 10 2026 July 1st, 2026 – June 30th, 2027 $107,465 Table #2 – Cost Sharing of the Law Enforcement Records Management System Year Police Agencies Percentage Split Total Amount 2017 Montgomery Police Department (RMS + FBR) Kendall County Sheriff’s Office (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Plano Police Department (RMS) $76,525.00 (55% of remaining bal.) $ 35,709.85 (15% of remaining bal.) $9,739.05 (15% of remaining bal.) $9,739.05 (15% of remaining bal.) $9,739.05 2018 Montgomery PD (RMS + FBR) Montgomery PD IT Service Cost Kendall County Sheriff’s Office (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Plano Police Department (RMS) $ 37,125.19 $4,000.00 (55% of remaining bal.) $36,781.15 (15% of remaining bal.) $10,031.22 (15% of remaining bal.) $10,031.22 (15% of remaining bal.) $10,031.22 2019 Montgomery PD (RMS + FBR) Montgomery PD IT Service Cost Kendall County Sheriff’s Office (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Plano Police Department (RMS) $ 38,238.95 $4,000 (55% of remaining bal.) $37,884.57 (15% of remaining bal.) $10,332.16 (15% of remaining bal.) $10,332.16 (15% of remaining bal.) $10,332.16 2020 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) $2,065.25 $1,548.94 $387.24 $4,000.00 (15% of RMS Maintenance) $12,899.78 Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement Revision Dated 11/14/2017 Page 2 of 3 Oswego Police Department (RMS) Yorkville Police Department (RMS) Plano Police Department (RMS) Kendall County Sheriff’s Office (RMS) (15% of RMS Maintenance) $12,899.78 (15% of RMS Maintenance) $12,899.78 (15% of RMS Maintenance) $12,899.78 (40% of RMS Maintenance) $34,399.45 2021 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) $2,127.21 $1,595.41 $398.86 $4,000.00 (15% of RMS Maintenance) $13,286.78 (15% of RMS Maintenance) $13,286.78 (15% of RMS Maintenance) $13,286.78 (15% of RMS Maintenance) $13,286.78 (40% of RMS Maintenance) $35,431.40 2022 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) $2,191.03 $1,643.27 $410.82 $4,000.00 (15% of RMS Maintenance) $13,685.38 (15% of RMS Maintenance) $13,685.38 (15% of RMS Maintenance) $13,685.38 (15% of RMS Maintenance) $13,685.38 (40% of RMS Maintenance) $36,494.36 2023 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) $2,256.76 $1,692.57 $423.15 $4,000.00 (15% of RMS Maintenance) $14,095.88 (15% of RMS Maintenance) $14,095.88 (15% of RMS Maintenance) $14,095.88 (15% of RMS Maintenance) $14,095.88 (40% of RMS Maintenance) $37,589.00 2024 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) $2,324.46 $1,743.35 $435.84 $4,000.00 (15% of RMS Maintenance) $14,518.85 (15% of RMS Maintenance) $14,518.85 (15% of RMS Maintenance) $14,518.85 (15% of RMS Maintenance) $14,518.85 (40% of RMS Maintenance) $38,716.95 2025 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) $2,394.20 $1,795.65 $448.92 $4,000.00 (15% of RMS Maintenance) $14,954.44 (15% of RMS Maintenance) $14,954.44 (15% of RMS Maintenance) $14,954.44 Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement Revision Dated 11/14/2017 Page 3 of 3 Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) (15% of RMS Maintenance) $14,954.44 (40% of RMS Maintenance) $39,878.47 2026 Montgomery PD (FBR – Base Module) Montgomery PD (FBR – Accident Investigation) Montgomery PD (FBR – Demographic Profiling) Montgomery PD (IT Service Cost) Montgomery Police Department (RMS) Plano Police Department (RMS) Oswego Police Department (RMS) Yorkville Police Department (RMS) Kendall County Sheriff’s Office (RMS) $2,466.02 $1,849.52 $462.39 $4,000.00 (15% of RMS Maintenance) $15,403.06 (15% of RMS Maintenance) $15,403.06 (15% of RMS Maintenance) $15,403.06 (15% of RMS Maintenance) $15,403.06 (40% of RMS Maintenance) $41,074.83 Kendall County Emergency Phone Service and Communications Board United City Of Yorkville, Illinois Name: Name: Title: Chairman, KenCom Executive Board Title: Date: Date: Signature: Signature: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Safety #2 Tracking Number PS 2018-04 Amendment to Title 3 Chapter 9 Massage Establishments City Council - January 23, 2018 PS – 01/04/18 Moved forward to City Council agenda. PS 2018-04 Majority Approval Amendment to Chapter 9, Massage Establishments Erin Willrett Administration Name Department Summary Attached you will find the staff recommended revisions to the City’s Codified Ordinance Title 3 Chapter 9 Massage Establishments. Legal has reviewed the revisions as well. Update At the January 4, 2018 Public Safety meeting the question was asked if language could be inserted into the proposed ordinance to prohibit massage establishments from soliciting patrons from neighboring businesses. Counsel added language to Section 3-9-11. Conditions and Restrictions of Licenses to explicitly prohibit solicitation by massage or bodywork establishments from distributing pamphlets, flyers, booklets, circular or brochure advertising its services on streets, sidewalks, rights-of- way, parks or any other area open to the public including entrances to businesses, offices or any building no matter its use. Staff maintains the original recommendation for approval of the attached revision to Title 3 Chapter 9 Massage Establishments to the City’s Codified Ordinances with the additional language explained above. Background The current version is attached for your reference. The recommended amendment includes all items necessary to adhere to the Illinois Massage Licensing Act, 225 ILCS 57/5 et seq. A few key revisions from the Ordinance are listed below:  The Definitions section has been amended to add several words that have not been previously defined. Those are: Act, Advertise, Applicant, Bodywork Establishment, Bodywork or Bodywork Services, Bodywork Provider, Compensation, Massage or Massage Services or Massage Therapy, Owner, Permit, Person, Recognized School.  Updated Exemptions from Licensing and Fees have been added to include: occupational and physical therapists, State licensed physicians assistants, practical and registered nurses acting in the normal course of their medical duties under the supervision of licensed medical professionals, bodywork or massages provided by massage therapy students enrolled in a recognized school provided that such services are part of the curricular requirements of the recognized school and for which no compensation is received. Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: January 23, 2018 Subject: Amendment to Title 3 Chapter 9 Massage Establishments  Updated Application section, which includes information on the Business, the Premises, the Business Owners and Supervisors, Business Employees and Agents, Miscellaneous information, Inspections, and Information and Documentation.  Updated the License Fee. Currently, the fee is $200.00, with the extra steps added, it is expected to be a more time intensive process. Staff is proposing an increase in the fee to $500.00 for the license fee.  Added the Background Check Fee (NEW). Currently, there is no background check fee. Staff calculated the time spent by an officer to perform the background check and the time for administration staff spent on processing the background check to come up with the new fee of fifty dollars ($50.00).  A Sanitation and Safety Requirements Section (NEW) has also been added. This shall be periodically inspected by a duly authorized representative of the City for safety of the structure and adequacy of plumbing, ventilation, heating, illumination and fire protection. There are also several other requirements added for the sanitation rules.  The Issuance and Denial of Licenses has been updated to include an inspection from the Building Inspector prior to issuance. The denial process must go with the advice and consent of the City Administrator and the Chief of Police if the requirements of the Chapter or 1 of 5 listed items have happened or are not in place.  Registration and Regulation of Employees and Agents have been updated to include that the licensee, the owner(s) and any person designated by the licensee as a supervisor shall update the register and supply the updated information contained in the register to the City when the information changes. This register shall be located and available for inspection by representative of the City at all times during regular business hours.  A section has been added for Conditions and Restrictions of Licenses (NEW). This includes: Separate License for each premise, Transfer of License, Minors Prohibited, Alcoholic Beverages Prohibited, Solicitations Prohibited (NEW) – no false, deception or misleading solicitation or suggestion or imply any sexual activity in connection with services, or which appear on any adult website or website or other platform with similar services or products, Hours of Operation (NEW) – no business shall be open between 10:00 pm and 6:00 am, Inspections, Residence Prohibited (NEW), Open Door during Business Hours (NEW), Open Sign (NEW), Public Access (NEW), and Effect of Revocation (NEW.  A Prohibited Acts and Conditions (NEW) section has been added. There are 13 items that are described in detail that are prohibited.  An Enforcement (NEW) section has been added. The Chief of Police, police department, and community development department shall have the authority and duty to enforce the provisions of this Chapter.  A Suspension without a Hearing (NEW) section has been added. This would allow the Chief of Police, if there is reason to believe that any of the following circumstances exist, the license may be suspended upon the issuance of a written order stating the reason for the suspension without prior notice or hearing for not more than 7 days, giving the licensee an opportunity to be heard during that period. There are 3 specific reasons for the suspension without a hearing to be issued.  A Revocation or Suspension; Hearing Procedure; Fines and Costs (NEW) section has been added. This section outlines the procedure and fines/costs that go along with the revocation/suspension.  A Cause for Suspension, Revocation and/or Fines (NEW) section has been added to the Chapter. Listing 12 causes for suspension, revocation and/or fines for the business.  Added an Incorporation of the Massage Licensing Act (NEW). Recommendation Staff recommends approval of the attached revision to Title 3 Chapter 9 Massage Establishments to the City’s Codified Ordinances. 1 Ordinance No. ______ ORDINANCE AMENDING TITLE 3, CHAPTER 9 OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a non- home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and, WHEREAS, the City has determined that Chapter 9 of its Code of Ordinances regulating massage establishments should be amended in order to reflect current business practices within the industry all as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Title 3, Chapter 9 of the Code of Ordinances be deleted in the entirety and replaced with the following: 2 CHAPTER 9 MESSAGE ESTABLISHMENTS 3-9-1. Definitions For purposes of this Chapter, the following words and phrases shall have the following meanings ascribed to them respectively: Act: Illinois Massage Licensing Act, 225 ILCS 57/5 et seq. Advertise: The issuance of any card, sign or device to any person; the causing, permitting or allowing of any sign of marking on or in any building, vehicle or structure; advertising in any newspaper, magazine, television, radio, internet streaming, blog, chat room, website or social media, any listing or advertising in any directory; or commercials broadcast by any means and any similar or equivalent communications of a person, business or establishment. Applicant: Any person or entity seeking a bodywork establishment license. If the applicant is a sole proprietorship, the information sought to be provided shall be for the individual owner; if a partnership, by each general and each limited partner; if a joint venture, by each joint venture; if a corporation, by each officer and director, and unless the corporation’s stock is publicly traded, by each shareholder owning or holding more than five percent (5%) of the outstanding stock in said corporation; if a limited liability company, by each manager and by each member owning or holding more than a five percent (5%) membership interest; if an entity is made up of one or more subentitites, then the foregoing information shall be provided for each subentity. It shall also include the business manager or other person principally in charge of the operation of the business. Bodywork Establishment: any commercial, fixed place of business where any person, firm, association, or corporation advertisers, offers, engages in or carries on, or permits to be offered, engaged in or carried on, bodywork services to patrons in exchange for compensation, excluding home based bodywork providers. Bodywork or Bodywork Services: any method of applying pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating, the external parts of the body, by another individual, with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or similar preparations, for compensation. The definition of bodywork for purposes of this chapter is intentionally not the same and is broader than the definition of massage in the Act, and is intended to cover massage, bodywork services provided by 3 bodywork practitioners and similar services that fit the definition, regardless of what the services or the person providing the services is called, unless expressly excluded by this chapter. Bodywork Provider: Any person who provides bodywork services, including licensed massage therapists. Compensation: The payment, loan, advance, donation, contribution deposit, or gift of money or anything of value. Conviction: A plea of guilty or nolo contendere, finding of guilty, stipulation to such a finding, jury verdict or entry of judgment either by imposing a fine in excess of $500.00 by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge or first offender probably under the laws of any jurisdiction of the United States. Employee: Any person over eighteen (18) years of age, other than a massage therapist or a bodywork provider, who renders any service in connection with operation of a massage establishment or a bodywork establishment and receives compensation from the owner or operation of an establishment or from its patrons. Licensee: The owner and/or operator of a massage establishment or bodywork establishment. Massage or Massage Services or Massage Therapy: A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this Code, is to enhance the general health and well-being of the mind and body of the recipient. “Massage” does not include the diagnosis of a specific pathology. “Massage” does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined in this section. Massage Therapist: any person who is licensed under the Act and administers massage for compensation. Owner: an individual, if a sole proprietorship, or any of the following individuals who have a five percent (5%) or more interest in a business and/or entitled to share in five 4 percent (5%) or more of the profits of the business, including, but not necessarily limited to, general partners, shareholders and members, and including, but not necessarily limited to, general partners, shareholders and members, and including the individuals who have any ownership interest in any partnership, corporation, LLC or other entity that is a partner, member or shareholder of the entity in which name a business is conducted. An owner is intended to mean individuals, only, and if a business is owned by another entity, the owners for that business, for purposes of this Chapter, mean the ultimate individuals who are the owners; if a business has successive entities in ownership, the owners for purposes of this chapter shall be the individuals at the end of the chain of ownership. Patron: Any person who receives bodywork services or massage services under such circumstances that are reasonably expected that he or she would pay money or give any other form of compensation therefore. Permit: For purposes of this Chapter, a person permits something if the person knows or by due diligence should have known of the conduct and does not stop or prevent the conduct from happening. Person: Any individual, partnership, firm, association, limited liability company, joint stock company, corporation or combination of individuals of whatever form or character. Recognized School: Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage Therapy Association, the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards, and which has for its purpose the teaching of the theory, method profession, or work of massage, which school requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Sexual or Genital Area: The genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of females. 3-9-2: Bodywork Establishment License Required: No person shall advertise, offer, engage in, conduct or carry on, or permit to be advertised, offered, engaged in, conducted or carried on, bodywork services or massage services in any establishment, or provide bodywork or massage services in return for compensation any establishment in the City without first having obtained an establishment license issued by the City pursuant to the provisions of this chapter for 5 each and every premise used for conducting or providing bodywork services or massage services for compensation. 3-9-3: Massage Therapist License Required: No person shall provide or permit another person to provide massage therapy or massage services for compensation in any capacity in the city unless the person providing the massage therapy or massage services is a licensed massage therapist (pursuant to state guidelines) or demonstrates with appropriate proof that he or she is exempt the act. 3-9-4: Exemptions from Licensing and Fees: A. A bodywork establishment or massage establishment license shall not be required for the premises and businesses at which all of the employees, independent contractors and agents are limited to one or more of the following exempt categories, even if the services they perform fall under the definition of bodywork: 1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths, occupational therapists or physical therapists who are duly licensed to practice their respective professions in the state and persons overseen by them in the course of such professional practice. 2. Athletic trainers for any athletic program of a private or public school, college or university or for any athletic team regularly organized and engaging in competition. 3. State licensed physician assistants, practical nurses and registered nurses acting in the normal course of their medical duties under the supervision of licensed physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths and similar licensed medical professionals. 4. Barbers, estheticians and cosmetologists who are duly licensed under the laws of this state, except that this exemption shall apply solely to the massaging of the neck, back, face, scalp, hair, hands and feet of the customer or client for cosmetic or beautifying purposes, and provided that these services are provided to patrons who are fully clothed. 5. Hospitals, sanatoriums, nursing homes, assisted living facilities, home health agencies, hospice programs and other such programs as defined and licensed by the state under Chapter 210 of the Illinois Compiled Statutes. 6 6. Bodywork or massages provided by massage therapy students enrolled in a recognized school during the course of clinical externships, practicums or community services, provided that such bodywork services are part of the curricular requirements of the recognized school and for which no compensation is received. 7. Bodywork services or massages performed at the patron’s premises, including the patron’s place of business or residence. The burden of proof is on the person who claims an exemption to establish by clear and convincing evidence that the exemption applies. Exemption from licensing does not mean that persons owning or working in or working for such an establishment are exempt from other provisions of this chapter. 3-9-5. Application for Bodywork Establishment License An application shall be filed for every bodywork establishment in the City that is required to obtain a license on the form provided by the City made under oath with the payment of nonrefundable annual license fees in the amount set forth in Section 3-9-6 of this Chapter. The applicant must be 18 years old or older and the owner of the business for which the application is sought or an agent of the owner with authority to bind the owner. The application shall include consent to perform investigations of the veracity of all of the information and documentation provided, criminal background checks and fingerprinting of the persons required to be identified in the application. The cost of the criminal record check and fingerprint submissions shall be borne by the applicant. A. Business. The application shall include the following information and documentation: 1. The name of the business, all assumed names under which the business is to be conducted and employer identification number of the business providing the massage or bodywork services. 2. The federal employer identification number (FEIN) and state of Illinois business tax number (IBT) of the business. 3. The type of business entity, i.e. sole proprietorship, partnership, corporation, LLC, etc. 4. A copy of the records that establish the current ownership of any interest in the business of five percent (5%) or greater (such as partners, shareholders, members, and if the legal owner of the business is an entity, a copy of the records that establish the individual owners of the ownership entity, and so 7 on until the records establishing the individual owners at the end of the chain of ownership are established.) 5. Proof that the business and all underlying entities with ownership interest of five percent (5%) or more is in good standing with the State (or other state or country) if the business is chartered by the State (such as for corporations, LLCs, limited partnerships, etc.) or other state or country. 6. Street addresses and names under which all of the record owners identified pursuant to Section 4 above have operated any existing or prior business(es) owned or operated within the last five (5) years under the same business entity or entities or any of the owners of the business for which the application is being filed. 7. A description of the services to be provided on the premises and whether any massage or bodywork services provided or to be provided as defined in this Chapter whether a primary or ancillary activity that will take place on the premises. 8. All telephone numbers, websites and internet addresses of the business and sample copy of the advertising of the massage or bodywork services being provided, if the business is already in operation. 9. A statement whether the business or any affiliated or predecessor business has ever had a business license of any kind denied, suspended or revoked, and the reasons therefore. B. Premises. The application shall contain the following information and documentation of the premises for which a bodywork license is sought: 1. The street address, mailing address (if different) and all telephone numbers for the business where the bodywork services or massage services are or will be conducted. 2. If the premises are owed or leased, a. If leased, a copy of the Lease, and any Sub-Leases, Assignments and Acceptances of such Sub-Leases or assignments in effect, b. If leased, the name, address and phone number of the owner of the premises, c. The name, address and phone number of the owner of the premises. 3. A drawing or floor plan of the premises designating each room by its purpose and the activity that will take place in each room. 8 C. Business Owners and Supervisors. The applications shall include the following information and documentation of the business owners, as defined in Section 3-9- 1 (collectively referenced as “owners” herein), and all directors, officers, managers and persons with supervisory authority: 1. Name, gender, residential address and phone number(s), facsimile number(s), e-mail address(es), and other contact information. 2. Date of birth, place of birth, driver’s license number and social security number. 3. The previous two (2) residential addresses. 4. Photo identification issued by the federal or state government, or a subdivision or agency thereof. 5. A complete list of any aliases. 6. A statement whether the owners or any directors, officers, managers or persons with supervisory authority have ever owned, been involved with or worked for a business that has had a business license of any kind denied, suspended or revoked, and the reasons therefore. 7. A statement whether the owner or any director, officer, manager, person with supervisory authority and/or any person who has or will perform bodywork services or massage services to the applicant’s knowledge has ever been convicted of a crime, other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted, including, but not limited to: (a) any felony; and, (b) any misdemeanor, or local ordinance or code violation an essential element of which is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined in 720 Illinois Compiled Statutes 5/11-1, et seq., (iv) the use of violence or force, or that is directly related to the practice of the massage or bodywork or operation of a bodywork establishment. 8. Proof that the owners and any directors, officers, managers or persons with supervisory authority are at least eighteen (18) years of age. 9. Authorization for the police to conduct criminal background checks and take fingerprints for all owners and employees with supervisory authority. 10. The name and address of any other business currently owned or operated by any owner, director, officer, manager or person with supervisory authority. D. Business Employees and Agents. The applications shall include the following information and documentation of the employees and independent contractors or 9 agents that have been or are intended to be employed to provide massage or bodywork services: 1. The names, residential addresses and phone numbers. 2. Photo identification issued by the federal or state government, or a subdivision or agency thereof. 3. A copy of the state issued massage therapy licenses or state or national licenses of certifications by which authority the persons may perform the massage or bodywork or proof of exemption from the requirement of licensing or certification under Section 25 of the Act. 4. A description of the type of massage or bodywork approach or modality that will be practiced by each employee and each independent contractor or agent who is or will be performing massage or bodywork in the premises. E. Miscellaneous. The application shall include the following additional information and documentation: 1. Proof that the bodywork establishment for which the license is being sought currently carries or has secured a commercial general liability policy and professional liability policy reflecting limits of no less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for covered claims arising out of, but not limited to, bodily injury, property damage, personal and advertising injury, and contractual liability in the course of the license holder’s business. 2. Any other information and documentation that may be deemed necessary or appropriate for determination whether the criteria for obtaining a bodywork establishment license is warranted. F. Owner Fingerprints: Each owner shall provide a complete set of fingerprints, unless exempted under subsection 3-9-4B of this Chapter. G. Inspections: As a condition of the application and right to obtain a license, any person filing an application and any business for which a license is issued under this Chapter is deemed to have authorized the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a license, including a background criminal check of the applicant and any of the owners and employees or agents identified in the application, and the business must allow inspections of the establishment at any time the business is advertised to be open for business and any time a business is receiving patrons for service, even if the business is not advertised as open to the public at that time. The deemed authorization and submission to investigation and inspection that accompanies the 10 filing of an application and issuance of a license is not intended to require or authorize the licensee, the business or its employees, independent contractors or agents to violate HIPAA, privacy laws or the privacy rights of patrons. H. Information and Documentation: All of the information and documentation to be provided with the application shall be updated and brought current at the time of annual renewal of the license, except that all information and documentation of the owners, directors, officers, managers, persons having supervisory authority, employees, independent contractors and agents of the licensee who perform bodywork services shall be updated within ten (10) days after such change occurs. Submission of an application by a person other than the owner of the business for which a license is sought shall be deemed to have been authorized by the business and its owners once the application is approved, a license is issued and the establishment holds itself out for business to the public at the licensed premises. 3-9-6. Terms of License; License Fees; License Renewal: A. The term for licenses issued under this Chapter is for one year beginning January 1, and ending on December 31. B. All license fees required to be paid shall be paid at the time that the initial or renewal application is made. All applicable license fees and any other required fees, including costs of fingerprinting, shall be paid prior to the issuance of any license. C. The initial license fee and the annual license renewal fee for a Massage or Bodywork establishment license shall be $500.00. D. In addition to the annual license fee, the applicant is also responsible to pay for the cost of fingerprinting, which is regulated by the state of Illinois. The applicant is also responsible to pay for the cost of a background check which shall be fifty dollars ($50.00). E. An annual fee of fifty dollars ($50.00) shall be paid at time of license renewal for each Employee providing massage or bodywork services. F. A license may be suspended or revoked for failure to pay the fees and for those grounds stated in Section 3-9-18 of this Chapter. Such suspension or revocation may be in addition to any fine imposed. G. In addition to the application fee, the applicant shall provide updated information for all licensed massage therapists and for all persons performing massage services who are exempt with proof of the exemption. 11 H. All other information required to be provided in the initial application that has not otherwise been updated prior to the filing of the renewal application shall be updated at the time of renewal. 3-9-7. Sanitation and Safety Requirements. All licensed premises shall be periodically inspected by a duly authorized representative of the City for safety of the structure and adequacy of plumbing, ventilation, heating, illumination and fire protection. In addition, the premises shall comply with the following regulations: A. The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given. B. Floors shall be free from any accumulation of dust, dirt or refuse. C. The premises shall have adequate equipment for disinfecting and sanitizing non- disposable instruments and materials used in administering massages. Such non- disposable instruments and materials shall be disinfected after use on each patron. All equipment used in the bodywork establishment shall be maintained in a clean and sanitary condition. D. Soaps, towels, linens and laundered sheets must be provided. All such towels, linens and items for the personal use of operators and patrons shall be clean and freshly laundered after each use thereof and stored in a sanitary manner. E. Towels, linens and sheets shall not be used for more than one patron. F. All massage or bodywork services are prohibited in any cubicle, room, booth or other area within a bodywork establishment which is fitted with a door capable of being locked. G. Toilets, dressing room facilities, lockers, steam baths, tubs or showers, if provided, shall not be utilized by more than one patron and/or staff member at any one time. H. Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. 3-9-8. Issuance and Denial of Licenses: A. The City Clerk shall act to approve or deny an application for a license under this Chapter within a reasonable period of time, but in no event later than sixty (60) days from the date that the application was accepted by the City. 12 B. In the case of an initial application for a massage or bodywork establishment license, the Building Code Official shall inspect the premises to be licensed to assure the proposed operation complies with all applicable laws, including the building, electrical, plumbing, health, housing, zoning, and fire codes of the City, and any other regulations of the City relating to the public health, safety and welfare. The Building Code Official shall make written verification to the City Clerk concerning compliance with the Codes and Ordinances of the City. C. The City Clerk, with the advice and consent of the City Administrator and the Chief of Police, shall either issue a license, or notify the applicant, in writing, that the application has been denied. The license shall be denied if the applicant fails to comply with the requirements of this Chapter or with the requirements of any other provision of this Code which is applicable to the establishment and/or activities of the applicant. In addition, no license shall be issued to any applicant if: 1. The proposed operation does not comply with all applicable laws, including, but not limited to, the building, electrical, plumbing, health, housing, zoning and fire codes of the City; or, 2. The applicant, if an owner; or any of the officers, directors, managers or persons having supervisory authority or employees or other persons who have or will perform bodywork services in the premises of the establishment have been: a. Convicted of a felony under the laws of the state of any other state, or under the federal laws of the United States, within five (5) years of the date of the application or any misdemeanor, an essential element of which is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined in 720 Illinois Compiled Statutes 5/11-1, et seq.; (iv) the use of violence or force, or that is directly related to the practice of the massage or bodywork; b. Convicted of a violation of any provision of the Act or this Chapter. 3. The applicant has had a bodywork business, massage therapist or similar license denied, suspended or revoked by the City, by a state or by a unit of local government; or, 4. The applicant has knowingly made false, misleading or fraudulent statements of fact in the license application or in any document required by the City in conjunction with the license application or has knowingly withheld material information; or, 5. The premises for which the massage or bodywork establishment license or similar license is being sought is a premises for which a massage or bodywork establishment license has been revoked at any time within the last 13 five (5) years, or the owner or landlord of the premises has had a bodywork establishment license or similar license revoked on the premises or any other premises owned or rented by the owner or landlord within the last five (5) years. D. In the event that the license is denied for failure to comply with the requirements of this Chapter, the City Clerk shall promptly notify the applicant in writing or by telephone of the reasons for the proposed denial. 14 3-9-9. Display of Licenses: Every massage or bodywork establishment shall display at all times the establishment is open for business to the public, in a prominent place in the public reception area of the establishment, the establishment license issued pursuant to this Chapter, the licenses of all massage therapists and the licenses or certifications of all other people who perform services on patrons of the establishment. 3-9-10. Registration and Regulation of Employees and Agents: A. The licensee, the owner(s) and any person designated by the licensee as a supervisor of a licensed massage or bodywork establishment shall maintain a register of the persons who perform services at the establishment, as employees, independent contractors and other agents, including the names and residential addresses for each person along with either: 1. A copy of the state massage therapy license issued by the state; 2. A copy of the license or certificate issued by an organization recognized by the state as providing an exemption under the Act; 3. Other proof of exemption under the Act; 4. A copy of photo identification issued by the state or federal government. B. The licensee, the owner(s) and any person designated by the licensee as a supervisor of a licensed bodywork establishment shall update the register required by this Section and shall supply the updated information contained in the register to the City when the information changes, and no person shall be allowed to perform bodywork services on patrons at the premises who are not listed in the register or for which the updated information has not been provided to the City. C. The register required by this Section shall be located and available at the bodywork establishment for inspection by representatives of the City at all times during regular business hours. D. It shall be unlawful for any bodywork establishment to allow any person to engage in massage or bodywork services or provide massage or bodywork services in the establishment unless: a. The massage license or equivalent license or certificate for that person is displayed as provided in Section 3-9-9; and 15 b. The information required to be maintained by this Section is in the register is current and any updated information has been supplied to the City. E. It shall be unlawful for any massage or bodywork establishment to allow any person to engage in any conduct that is in violation of the Act or this Chapter. 3-9-11. Conditions and Restrictions of Licenses. A. Separate License for each Premise. Licenses shall apply only to the premises described in the application, and the license issued thereon, and only one location shall be so described in each license. B. Transfer of License. A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided in this Chapter, and shall not constitute a property interest. No bodywork establishment license is transferrable, separate or divisible, and such authority as license confers shall be conferred only on the licensee named therein. C. Minors Prohibited. No establishment or person licensed under the provisions of this Chapter shall permit any person under the age of eighteen (18) to come or remain on the premises of any massage or bodywork establishment including employees and patrons unless accompanied by or with the written consent of the adult parent or legal guardian of the minor. Persons under the age of eighteen (18) may patronize the establishment only with the presence or written consent of their parent or legal guardian. D. Alcoholic Beverages Prohibited. No person shall sell, give, dispense, provide, keep, possess or consume, or cause to be sold, given dispensed, provided, kept, possessed or consumed, any alcoholic beverage on the premises of any massage or bodywork establishment without a valid liquor license, and no liquor shall be sold, offered or consumed in the rooms in which bodywork services are performed unless the room is open to the public. E. Solicitations Prohibited. No massage or bodywork establishment or person in connection therewith shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture, or statement in any manner and in any medium of advertisement which is known to be false, deceptive or misleading in order to induce any person to purchase or utilize any services, or which reasonably appears to suggest or imply any sexual activity in connection with services or which appear on any adult website or website or other platform that is known to advertise pornographic, sexual or similar services or products. No massage or bodywork establishment may solicit, distribute or cause to be distributed any pamphlet, flyer, booklet, circular or brochure advertising its services on streets, sidewalks, rights-of-way, parks or any other area open to the public including entrances to businesses, offices or any building no matter its use. 16 F. Hours of Operation. No portion of any business premises used in any way for or by a massage or bodywork establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. of the following day. G. Inspections. The Chief of Police or his or her authorized representative may from time to time make an inspection of each massage or bodywork establishment and the books and records of the bodywork establishment for the purposes of determining that the provisions of this Chapter are fully complied with. It shall be unlawful for any licensee to fail to allow access to the premises for inspection or hinder an authorized City agent who is performing an inspection in any manner. This provision does not authorize or require a licensee, business or employee or agent of the business to violate HIPAA, other privacy laws or the privacy of any patron, and inspections shall be conducted in such a way as to avoid any HIPAA violations, violations of other privacy laws or violations of the personal privacy of patrons. H. Residence Prohibited. No one shall reside in a massage or bodywork establishment, and no one shall be allowed to remain overnight in the premises. This prohibition is not intended to prohibit anyone from living in a separate portion of a commercial building that is zoned and authorized for residential use or from conducting massage or bodywork services out of private residential property that is zoned for residential use and is being used in compliance with zoning laws. I. Open Door during Business Hours. The main entry to the massage or bodywork establishment, other than single rented rooms in buildings with multiple tenants that are not performing bodywork services, shall be open and unlocked all hours that the bodywork establishment is open for and doing business, including all hours that the bodywork establishment is advertised to be open for business and/or services are performed in the premises. J. Open Sign. A sign indicating the premises is open for business shall be maintained at all times that massage or bodywork services are being provided, and a sign indicating that the premises is not open for business shall be maintained at all times the premises is not open for business. K. Public Access. Every massage or bodywork establishment that operates on the first floor of a building with direct access from outside the building shall separate the area of the premises in which massage or bodywork services are performed from a public reception and/or waiting room area, and the public entrance to the establishment shall be open and unlocked during all of the hours that an establishment is open or advertised to be open to the public while massage services are being performed. L. Effect of Revocation. No massage or bodywork establishment license shall be issued to any applicant, business or any owner if the applicant, business or any 17 owner has had any involvement in a business to which a similar license has been revoked, and property shall be eligible for a massage or bodywork establishment license in the City if a massage or bodywork license has been revoked at any time in the previous five (5) years on that property or any other property owned or rented by the owner or landlord of that property in the City. 3-9-12. Sale, Transfer or Sale of Establishment: Upon the sale, transfer or relocation of bodywork establishment, the license, therefore, shall become immediately null and void, and a new license shall be required if a successor massage or bodywork establishment is intended in the same location. Upon the death or incapacity of the licensee or any co-licensee of the massage or bodywork establishment, any heir or beneficiary of a deceased licensee, or any guardian of an heir or beneficiary of a deceased licensee, may continue the business of the bodywork establishment for a reasonable period of time not to exceed sixty (60) days to allow for the approval of a new license. 3-9-13. Prohibited Acts and Conditions: A. No person shall conduct or operate a massage or massage or bodywork establishment without first obtaining and maintaining a bodywork establishment license as required by this Chapter unless exempted by Section 3-9-3 of this Chapter. B. No person shall operate or conduct any bodywork establishment that does not comply with all of the terms and conditions of Section 3-9-11 of this Chapter. C. No person having a license under this Chapter shall operate under any name or conduct business under any designation not specified in that license or permit. D. No person shall advertise, promote, or refer to him or herself as a “massage therapist” as herein defined without qualifying and being licensed by the state as a massage therapist pursuant to the Act. E. No person or message establishment shall advertise or hold themselves out in any way, including in the signage of the premises and printed materials, using the terms "massage", "massage therapy" or "massage therapist" unless that person is massage therapist having a current license issued by the state in compliance with the Act or that establishment employs a person who is a massage therapist having a current license issued by the state in compliance with the Act; providing that this prohibition does not apply to licensed professionals who are allowed to include massage in their scope of practice. F. A patron’s sexual and genital areas, as defined herein, must be covered by towels, sheets, cloths or similar nontransparent garments or materials when in the presence of a massage or a bodywork practitioner or employee. 18 G. No person, knowingly, in a massage or bodywork establishment, shall expose or fail to conceal his or her sexual and genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, knowingly, in a massage or a bodywork establishment, to expose the sexual or genital parts, or any portion thereof, of any other person. H. No person, knowingly, in a massage or bodywork establishment, shall place his or her hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital area of another person, except as authorized for a licensed massage therapist in keeping with the provisions of the Act in the treatment of post-surgery mastectomy and lymphatic drainage patients. I. No person shall perform or offer or agree to perform any act, whether or not for compensation in any form, which would require the touching of the patron’s sexual or genital area, except as authorized for a licensed massage therapist in keeping with the provisions of the Act in the treatment of post-surgery mastectomy and lymphatic drainage patients. J. No massage or bodywork establishment shall obstruct the windows at the entrance, reception area or other area open to the public of the massage or bodywork establishment, and such windows shall be maintained to provide an open and clear view into the public areas of the massage or bodywork establishment. K. No person shall commit or permit any gratuitous sexual activity or sexual activity for payment on the premises, or the solicitation of gratuitous sexual activity or sexual activity for payment, or any procedure during the performance of services that are performed for the purpose of or is reasonably to be expected to cause sexual arousal or gratification of any person, or the trafficking of persons or controlled substances or cannabis on the premises or in connection with a massage or bodywork establishment. L. No licensee or business licensed under this Chapter shall knowingly hire or retain or allow massage or bodywork services to be performed on the premises by any person who has been convicted of a crime involving sexual activity, independent contractor or other agent , and no property owner or landlord shall knowingly rent to a person who has been convicted of a crime involving sexual activity or who hires or retains a person or allows bodywork services to be performed by a person who has been convicted of a crime involving sexual activity. M. No person shall violate any of the provisions of the Act or of this Chapter. Any act or failure to act of an employee, a person performing massage at or on behalf of a massage establishment as an independent contractor or otherwise, or an agent of the licensee with respect to the licensed business shall be deemed to be the act of the licensee. The licensee and individual committing a violation are jointly and severally liable for any fines or penalties assessed pursuant to this Chapter. 19 3-9-14. Enforcement: The Chief of Police, police department and community development department shall have the authority and the duty to enforce the provisions of this Chapter and to delegate enforcement authority as the Chief of Police deems necessary and appropriate for the health, safety and welfare of the public. 3-9-15. Suspension without a Hearing: If the Chief of Police has reason to believe that any of the following circumstances exist, a massage or a bodywork establishment license may be suspended upon the issuance of a written order stating the reason for the suspension without prior notice or hearing for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; provided that, if the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to the other business. A license may be suspended temporarily without hearing for the following reasons: A. Continued operation of the licensed premises will immediately threaten the welfare of the community; B. Massage or bodywork services are being performed in the premises, but no person employed by the business has a valid state massage therapy license or is validly exempted from licensing under the Act; C. A person who manages, supervises is employed by or was present at the massage or bodywork establishment has been arrested and charged with any criminal activity in connection with the massage or bodywork establishment or is otherwise charged with any conduct involving sexual activity. 3-9-16 Revocation or Suspension; Hearing Procedure; Fines and Costs: A. Citations or notices of violation of this Chapter shall be given to the licensee in writing, and shall include the following information: 1. A summary of the alleged violations; 2. The right of the licensee to a hearing and presentation of evidence in the licensee’s defense; 3. Setting a hearing date after notice as mandated by Title 1, Chapter 14 of the City Code; 4. The right of the licensee to be represented by legal counsel; 5. A finding of a violation may result in suspension or revocation of the license and/or fines; 20 6. If the licensee does not appear for the hearing, a determination shall be made in the licensee’s absence. B. Citations or notices shall be given by: 1. Hand delivery to the licensee or any agent or employee of the licensee at the licensed premises, or posted on the door of the licensed premises of the massage or bodywork establishment during business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, if the door to the premises is locked and/or the premises is not open for business during those times; or, 2. By certified and regular mail addressed to (a) the licensee or to any partner, member, shareholder or other person having at least five percent (5%) of the ownership interest in the bodywork establishment, (b) the person designated as the manager or supervisor of the premises or (c) the local registered agent at the address reflected in the application on file with the City, and any such notice shall be deemed delivered on the second day after the day it was placed in the U.S. mail. If the certified mailing is unclaimed, but the regular mailing is not returned to the City as undeliverable, the notice shall be assumed to have been received. C. Hearings shall be open to the public, and the licensee shall be given an opportunity to hear the charge and the testimony and evidence in support of the charge, cross examine any witnesses called in support of the charge, and present evidence, testify and witnesses in defense of the charge. D. The City‘s Hearing Officer appointed in accordance with Chapter 14 of the City Code shall preside over any hearing. E. Within ten (10) days after the hearing, the Hearing Officer shall issue a determination in writing and serve it on the licensee by hand delivery or mail as provided in subsection C of this section, indicating whether a violation is found to have occurred and the details of any order of suspension, revocation or fines imposed. F. The written determination of the Hearing Officer shall be final and appealable to the local circuit court. G. In addition to any suspension, revocation or fine, the Hearing Officer shall determine the costs incurred by the City for the enforcement of this Chapter and hearing, including but not limited to, attorney fees, court reporter fees, fees incurred by the City, Chief of Police and the Hearing Officer, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City or such lesser sum as the Hearing Officer may allow, and the licensee who has been found in violation of this Chapter shall pay the costs assessed by the Hearing Officer. 21 H. The licensee shall pay fines and costs to the City within thirty (30) days of notification of the fines costs by the Hearing Officer. Failure to pay such costs within thirty (30) days of notification is a violation of this Chapter and may be cause for license suspension or revocation, or the levy of a fine. A period of suspension shall not lapse if any fines or costs remain unpaid. I. If a massage or bodywork establishment license is revoked for any cause, no massage or bodywork establishment license shall ever be granted by the City to the owners of the business for which the license was issued or be granted for the property on which the premises was located for which the revoked license was issued, for a period of five (5) years after the date of the revocation that will allow a massage or bodywork establishment to be operated on the premises described in the revoked license unless the revocation order has been vacated by court order. 3-9-18 Cause for Suspension, Revocation and/or Fines A massage or bodywork establishment license may be revoked or suspended and/or a fine may be imposed after a public hearing if it is found that: A. The licensee has violated any one or more of the provisions of this Chapter; B. Any employee of the licensee, including a massage therapist, or bodywork practitioner, has engaged in any conduct at the licensee’s premises that violates any provision of this Chapter and the licensee knew or by due diligence should have known of such conduct; C. Any applicant for a massage or bodywork establishment license has made a false statement on the application; D. A licensee has refused to allow any duly authorized police officer, county law enforcement officer, local code enforcement officer or health inspector to inspect the establishment premises; E. The premises of the establishment are at any time not in compliance with the City building, health or fire codes; F. The premises of the establishment are not in compliance with any of the conditions and restrictions set forth in Sections 3-9-11 and 3-9-13 of this Chapter; G. The license holder has committed an act(s) of fraud or deceit in the application for license or application for renewal thereof; H. The license holder is engaged in the practice of massage or bodywork under a false or assumed name, or is impersonating a massage therapist of a like or different name; 22 I. The license holder commits or permits an act of fraudulent, false, misleading or deceptive advertising, or prescribing medicines, drugs, or engaging in the practices of any licensed profession without legal authority therefore in connection with the establishment; J. The license holder commits or permits any gratuitous sexual activity or sexual activity for payment on the premises or elsewhere commits or permits the solicitation of gratuitous sexual activity or sexual activity for payment or commits or permits any procedure during the performance of services that are performed for the purpose of or is reasonably to be expected to cause sexual arousal or gratification of any person, or commits or permits the trafficking of controlled substances or cannabis on the premises or in connection with establishment; K. A license holder conducts or permits massage or bodywork activities in the City during a period of time when the license holder’s license is suspended or the license holder reasonably should have known the massage or bodyworks activities are being conducted while the license is suspended; L. A license holder is delinquent in payment to the City for ad valorem taxes of any other taxes, fees or costs owed to the City. 3-9-18. Incorporation of the Massage Licensing Act: All of the terms of the Illinois Massage Licensing Act are incorporated herein and adopted hereby as material components of this Chapter; the provisions of this Chapter shall be interpreted and applied in harmony with the Act; and the all of the provisions of the Act shall be enforced as provisions of the City Code except to the extent that the City is preempted by the Act in respect to the regulation of massage therapy and licensing of massage therapists. 23 This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2017. ______________________________ CITY CLERK CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2017. ____________________________________ MAYOR Attest: ______________________________ CITY CLERK Ordinance No. 2018-___ Page 1 Ordinance No. 2018-______ ORDINANCE AMENDING TITLE 3, CHAPTER 9 OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a non- home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and, WHEREAS, the City has determined that Chapter 9 of its Code of Ordinances regulating massage establishments should be amended in order to reflect current business practices within the industry all as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Title 3, Chapter 9 of the Code of Ordinances be deleted in the entirety and replaced with the following: Ordinance No. 2018-___ Page 2 CHAPTER 9 MESSAGE ESTABLISHMENTS 3-9-1. Definitions For purposes of this Chapter, the following words and phrases shall have the following meanings ascribed to them respectively: Act: Illinois Massage Licensing Act, 225 ILCS 57/5 et seq. Advertise: The issuance of any card, sign or device to any person; the causing, permitting or allowing of any sign of marking on or in any building, vehicle or structure; advertising in any newspaper, magazine, television, radio, internet streaming, blog, chat room, website or social media, any listing or advertising in any directory; or commercials broadcast by any means and any similar or equivalent communications of a person, business or establishment. Applicant: Any person or entity seeking a bodywork establishment license. If the applicant is a sole proprietorship, the information sought to be provided shall be for the individual owner; if a partnership, by each general and each limited partner; if a joint venture, by each joint venture; if a corporation, by each officer and director, and unless the corporation’s stock is publicly traded, by each shareholder owning or holding more than five percent (5%) of the outstanding stock in said corporation; if a limited liability company, by each manager and by each member owning or holding more than a five percent (5%) membership interest; if an entity is made up of one or more subentitites, then the foregoing information shall be provided for each subentity. It shall also include the business manager or other person principally in charge of the operation of the business. Bodywork Establishment: any commercial, fixed place of business where any person, firm, association, or corporation advertisers, offers, engages in or carries on, or permits to be offered, engaged in or carried on, bodywork services to patrons in exchange for compensation, excluding home based bodywork providers. Bodywork or Bodywork Services: any method of applying pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating, the external parts of the body, by another individual, with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or similar preparations, for compensation. The definition of bodywork for purposes of this chapter is intentionally not the same and is broader than the definition of massage in the Act, and is intended to cover massage, bodywork services provided by Ordinance No. 2018-___ Page 3 bodywork practitioners and similar services that fit the definition, regardless of what the services or the person providing the services is called, unless expressly excluded by this chapter. Bodywork Provider: Any person who provides bodywork services, including licensed massage therapists. Compensation: The payment, loan, advance, donation, contribution deposit, or gift of money or anything of value. Conviction: A plea of guilty or nolo contendere, finding of guilty, stipulation to such a finding, jury verdict or entry of judgment either by imposing a fine in excess of $500.00 by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge or first offender probably under the laws of any jurisdiction of the United States. Employee: Any person over eighteen (18) years of age, other than a massage therapist or a bodywork provider, who renders any service in connection with operation of a massage establishment or a bodywork establishment and receives compensation from the owner or operation of an establishment or from its patrons. Licensee: The owner and/or operator of a massage establishment or bodywork establishment. Massage or Massage Services or Massage Therapy: A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this Code, is to enhance the general health and well-being of the mind and body of the recipient. “Massage” does not include the diagnosis of a specific pathology. “Massage” does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined in this section. Massage Therapist: any person who is licensed under the Act and administers massage for compensation. Owner: an individual, if a sole proprietorship, or any of the following individuals who have a five percent (5%) or more interest in a business and/or entitled to share in five Ordinance No. 2018-___ Page 4 percent (5%) or more of the profits of the business, including, but not necessarily limited to, general partners, shareholders and members, and including, but not necessarily limited to, general partners, shareholders and members, and including the individuals who have any ownership interest in any partnership, corporation, LLC or other entity that is a partner, member or shareholder of the entity in which name a business is conducted. An owner is intended to mean individuals, only, and if a business is owned by another entity, the owners for that business, for purposes of this Chapter, mean the ultimate individuals who are the owners; if a business has successive entities in ownership, the owners for purposes of this chapter shall be the individuals at the end of the chain of ownership. Patron: Any person who receives bodywork services or massage services under such circumstances that are reasonably expected that he or she would pay money or give any other form of compensation therefore. Permit: For purposes of this Chapter, a person permits something if the person knows or by due diligence should have known of the conduct and does not stop or prevent the conduct from happening. Person: Any individual, partnership, firm, association, limited liability company, joint stock company, corporation or combination of individuals of whatever form or character. Recognized School: Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage Therapy Association, the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards, and which has for its purpose the teaching of the theory, method profession, or work of massage, which school requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Sexual or Genital Area: The genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of females. 3-9-2: Bodywork Establishment License Required: No person shall advertise, offer, engage in, conduct or carry on, or permit to be advertised, offered, engaged in, conducted or carried on, bodywork services or massage services in any establishment, or provide bodywork or massage services in return for compensation any establishment in the City without first having obtained an establishment license issued by the City pursuant to the provisions of this chapter for Ordinance No. 2018-___ Page 5 each and every premise used for conducting or providing bodywork services or massage services for compensation. 3-9-3: Massage Therapist License Required: No person shall provide or permit another person to provide massage therapy or massage services for compensation in any capacity in the city unless the person providing the massage therapy or massage services is a licensed massage therapist (pursuant to state guidelines) or demonstrates with appropriate proof that he or she is exempt the act. 3-9-4: Exemptions from Licensing and Fees: A. A bodywork establishment or massage establishment license shall not be required for the premises and businesses at which all of the employees, independent contractors and agents are limited to one or more of the following exempt categories, even if the services they perform fall under the definition of bodywork: 1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths, occupational therapists or physical therapists who are duly licensed to practice their respective professions in the state and persons overseen by them in the course of such professional practice. 2. Athletic trainers for any athletic program of a private or public school, college or university or for any athletic team regularly organized and engaging in competition. 3. State licensed physician assistants, practical nurses and registered nurses acting in the normal course of their medical duties under the supervision of licensed physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths and similar licensed medical professionals. 4. Barbers, estheticians and cosmetologists who are duly licensed under the laws of this state, except that this exemption shall apply solely to the massaging of the neck, back, face, scalp, hair, hands and feet of the customer or client for cosmetic or beautifying purposes, and provided that these services are provided to patrons who are fully clothed. 5. Hospitals, sanatoriums, nursing homes, assisted living facilities, home health agencies, hospice programs and other such programs as defined and licensed by the state under Chapter 210 of the Illinois Compiled Statutes. Ordinance No. 2018-___ Page 6 6. Bodywork or massages provided by massage therapy students enrolled in a recognized school during the course of clinical externships, practicums or community services, provided that such bodywork services are part of the curricular requirements of the recognized school and for which no compensation is received. 7. Bodywork services or massages performed at the patron’s premises, including the patron’s place of business or residence. The burden of proof is on the person who claims an exemption to establish by clear and convincing evidence that the exemption applies. Exemption from licensing does not mean that persons owning or working in or working for such an establishment are exempt from other provisions of this chapter. 3-9-5. Application for Bodywork Establishment License An application shall be filed for every bodywork establishment in the City that is required to obtain a license on the form provided by the City made under oath with the payment of nonrefundable annual license fees in the amount set forth in Section 3-9-6 of this Chapter. The applicant must be 18 years old or older and the owner of the business for which the application is sought or an agent of the owner with authority to bind the owner. The application shall include consent to perform investigations of the veracity of all of the information and documentation provided, criminal background checks and fingerprinting of the persons required to be identified in the application. The cost of the criminal record check and fingerprint submissions shall be borne by the applicant. A. Business. The application shall include the following information and documentation: 1. The name of the business, all assumed names under which the business is to be conducted and employer identification number of the business providing the massage or bodywork services. 2. The federal employer identification number (FEIN) and state of Illinois business tax number (IBT) of the business. 3. The type of business entity, i.e. sole proprietorship, partnership, corporation, LLC, etc. 4. A copy of the records that establish the current ownership of any interest in the business of five percent (5%) or greater (such as partners, shareholders, members, and if the legal owner of the business is an entity, a copy of the records that establish the individual owners of the ownership entity, and so Ordinance No. 2018-___ Page 7 on until the records establishing the individual owners at the end of the chain of ownership are established.) 5. Proof that the business and all underlying entities with ownership interest of five percent (5%) or more is in good standing with the State (or other state or country) if the business is chartered by the State (such as for corporations, LLCs, limited partnerships, etc.) or other state or country. 6. Street addresses and names under which all of the record owners identified pursuant to Section 4 above have operated any existing or prior business(es) owned or operated within the last five (5) years under the same business entity or entities or any of the owners of the business for which the application is being filed. 7. A description of the services to be provided on the premises and whether any massage or bodywork services provided or to be provided as defined in this Chapter whether a primary or ancillary activity that will take place on the premises. 8. All telephone numbers, websites and internet addresses of the business and sample copy of the advertising of the massage or bodywork services being provided, if the business is already in operation. 9. A statement whether the business or any affiliated or predecessor business has ever had a business license of any kind denied, suspended or revoked, and the reasons therefore. B. Premises. The application shall contain the following information and documentation of the premises for which a bodywork license is sought: 1. The street address, mailing address (if different) and all telephone numbers for the business where the bodywork services or massage services are or will be conducted. 2. If the premises are owed or leased, a. If leased, a copy of the Lease, and any Sub-Leases, Assignments and Acceptances of such Sub-Leases or assignments in effect, b. If leased, the name, address and phone number of the owner of the premises, c. The name, address and phone number of the owner of the premises. 3. A drawing or floor plan of the premises designating each room by its purpose and the activity that will take place in each room. Ordinance No. 2018-___ Page 8 C. Business Owners and Supervisors. The applications shall include the following information and documentation of the business owners, as defined in Section 3-9- 1 (collectively referenced as “owners” herein), and all directors, officers, managers and persons with supervisory authority: 1. Name, gender, residential address and phone number(s), facsimile number(s), e-mail address(es), and other contact information. 2. Date of birth, place of birth, driver’s license number and social security number. 3. The previous two (2) residential addresses. 4. Photo identification issued by the federal or state government, or a subdivision or agency thereof. 5. A complete list of any aliases. 6. A statement whether the owners or any directors, officers, managers or persons with supervisory authority have ever owned, been involved with or worked for a business that has had a business license of any kind denied, suspended or revoked, and the reasons therefore. 7. A statement whether the owner or any director, officer, manager, person with supervisory authority and/or any person who has or will perform bodywork services or massage services to the applicant’s knowledge has ever been convicted of a crime, other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted, including, but not limited to: (a) any felony; and, (b) any misdemeanor, or local ordinance or code violation an essential element of which is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined in 720 Illinois Compiled Statutes 5/11-1, et seq., (iv) the use of violence or force, or that is directly related to the practice of the massage or bodywork or operation of a bodywork establishment. 8. Proof that the owners and any directors, officers, managers or persons with supervisory authority are at least eighteen (18) years of age. 9. Authorization for the police to conduct criminal background checks and take fingerprints for all owners and employees with supervisory authority. 10. The name and address of any other business currently owned or operated by any owner, director, officer, manager or person with supervisory authority. D. Business Employees and Agents. The applications shall include the following information and documentation of the employees and independent contractors or Ordinance No. 2018-___ Page 9 agents that have been or are intended to be employed to provide massage or bodywork services: 1. The names, residential addresses and phone numbers. 2. Photo identification issued by the federal or state government, or a subdivision or agency thereof. 3. A copy of the state issued massage therapy licenses or state or national licenses of certifications by which authority the persons may perform the massage or bodywork or proof of exemption from the requirement of licensing or certification under Section 25 of the Act. 4. A description of the type of massage or bodywork approach or modality that will be practiced by each employee and each independent contractor or agent who is or will be performing massage or bodywork in the premises. E. Miscellaneous. The application shall include the following additional information and documentation: 1. Proof that the bodywork establishment for which the license is being sought currently carries or has secured a commercial general liability policy and professional liability policy reflecting limits of no less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for covered claims arising out of, but not limited to, bodily injury, property damage, personal and advertising injury, and contractual liability in the course of the license holder’s business. 2. Any other information and documentation that may be deemed necessary or appropriate for determination whether the criteria for obtaining a bodywork establishment license is warranted. F. Owner Fingerprints: Each owner shall provide a complete set of fingerprints, unless exempted under subsection 3-9-4B of this Chapter. G. Inspections: As a condition of the application and right to obtain a license, any person filing an application and any business for which a license is issued under this Chapter is deemed to have authorized the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a license, including a background criminal check of the applicant and any of the owners and employees or agents identified in the application, and the business must allow inspections of the establishment at any time the business is advertised to be open for business and any time a business is receiving patrons for service, even if the business is not advertised as open to the public at that time. The deemed authorization and submission to investigation and inspection that accompanies the Ordinance No. 2018-___ Page 10 filing of an application and issuance of a license is not intended to require or authorize the licensee, the business or its employees, independent contractors or agents to violate HIPAA, privacy laws or the privacy rights of patrons. H. Information and Documentation: All of the information and documentation to be provided with the application shall be updated and brought current at the time of annual renewal of the license, except that all information and documentation of the owners, directors, officers, managers, persons having supervisory authority, employees, independent contractors and agents of the licensee who perform bodywork services shall be updated within ten (10) days after such change occurs. Submission of an application by a person other than the owner of the business for which a license is sought shall be deemed to have been authorized by the business and its owners once the application is approved, a license is issued and the establishment holds itself out for business to the public at the licensed premises. 3-9-6. Terms of License; License Fees; License Renewal: A. The term for licenses issued under this Chapter is for one year beginning January 1, and ending on December 31. B. All license fees required to be paid shall be paid at the time that the initial or renewal application is made. All applicable license fees and any other required fees, including costs of fingerprinting, shall be paid prior to the issuance of any license. C. The initial license fee and the annual license renewal fee for a Massage or Bodywork establishment license shall be $500.00. D. In addition to the annual license fee, the applicant is also responsible to pay for the cost of fingerprinting, which is regulated by the state of Illinois. The applicant is also responsible to pay for the cost of a background check which shall be fifty dollars ($50.00). E. An annual fee of fifty dollars ($50.00) shall be paid at time of license renewal for each Employee providing massage or bodywork services. F. A license may be suspended or revoked for failure to pay the fees and for those grounds stated in Section 3-9-18 of this Chapter. Such suspension or revocation may be in addition to any fine imposed. G. In addition to the application fee, the applicant shall provide updated information for all licensed massage therapists and for all persons performing massage services who are exempt with proof of the exemption. Ordinance No. 2018-___ Page 11 H. All other information required to be provided in the initial application that has not otherwise been updated prior to the filing of the renewal application shall be updated at the time of renewal. 3-9-7. Sanitation and Safety Requirements. All licensed premises shall be periodically inspected by a duly authorized representative of the City for safety of the structure and adequacy of plumbing, ventilation, heating, illumination and fire protection. In addition, the premises shall comply with the following regulations: A. The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given. B. Floors shall be free from any accumulation of dust, dirt or refuse. C. The premises shall have adequate equipment for disinfecting and sanitizing non- disposable instruments and materials used in administering massages. Such non- disposable instruments and materials shall be disinfected after use on each patron. All equipment used in the bodywork establishment shall be maintained in a clean and sanitary condition. D. Soaps, towels, linens and laundered sheets must be provided. All such towels, linens and items for the personal use of operators and patrons shall be clean and freshly laundered after each use thereof and stored in a sanitary manner. E. Towels, linens and sheets shall not be used for more than one patron. F. All massage or bodywork services are prohibited in any cubicle, room, booth or other area within a bodywork establishment which is fitted with a door capable of being locked. G. Toilets, dressing room facilities, lockers, steam baths, tubs or showers, if provided, shall not be utilized by more than one patron and/or staff member at any one time. H. Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. 3-9-8. Issuance and Denial of Licenses: A. The City Clerk shall act to approve or deny an application for a license under this Chapter within a reasonable period of time, but in no event later than sixty (60) days from the date that the application was accepted by the City. Ordinance No. 2018-___ Page 12 B. In the case of an initial application for a massage or bodywork establishment license, the Building Code Official shall inspect the premises to be licensed to assure the proposed operation complies with all applicable laws, including the building, electrical, plumbing, health, housing, zoning, and fire codes of the City, and any other regulations of the City relating to the public health, safety and welfare. The Building Code Official shall make written verification to the City Clerk concerning compliance with the Codes and Ordinances of the City. C. The City Clerk, with the advice and consent of the City Administrator and the Chief of Police, shall either issue a license, or notify the applicant, in writing, that the application has been denied. The license shall be denied if the applicant fails to comply with the requirements of this Chapter or with the requirements of any other provision of this Code which is applicable to the establishment and/or activities of the applicant. In addition, no license shall be issued to any applicant if: 1. The proposed operation does not comply with all applicable laws, including, but not limited to, the building, electrical, plumbing, health, housing, zoning and fire codes of the City; or, 2. The applicant, if an owner; or any of the officers, directors, managers or persons having supervisory authority or employees or other persons who have or will perform bodywork services in the premises of the establishment have been: a. Convicted of a felony under the laws of the state of any other state, or under the federal laws of the United States, within five (5) years of the date of the application or any misdemeanor, an essential element of which is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined in 720 Illinois Compiled Statutes 5/11-1, et seq.; (iv) the use of violence or force, or that is directly related to the practice of the massage or bodywork; b. Convicted of a violation of any provision of the Act or this Chapter. 3. The applicant has had a bodywork business, massage therapist or similar license denied, suspended or revoked by the City, by a state or by a unit of local government; or, 4. The applicant has knowingly made false, misleading or fraudulent statements of fact in the license application or in any document required by the City in conjunction with the license application or has knowingly withheld material information; or, 5. The premises for which the massage or bodywork establishment license or similar license is being sought is a premises for which a massage or bodywork establishment license has been revoked at any time within the last Ordinance No. 2018-___ Page 13 five (5) years, or the owner or landlord of the premises has had a bodywork establishment license or similar license revoked on the premises or any other premises owned or rented by the owner or landlord within the last five (5) years. D. In the event that the license is denied for failure to comply with the requirements of this Chapter, the City Clerk shall promptly notify the applicant in writing or by telephone of the reasons for the proposed denial. Ordinance No. 2018-___ Page 14 3-9-9. Display of Licenses: Every massage or bodywork establishment shall display at all times the establishment is open for business to the public, in a prominent place in the public reception area of the establishment, the establishment license issued pursuant to this Chapter, the licenses of all massage therapists and the licenses or certifications of all other people who perform services on patrons of the establishment. 3-9-10. Registration and Regulation of Employees and Agents: A. The licensee, the owner(s) and any person designated by the licensee as a supervisor of a licensed massage or bodywork establishment shall maintain a register of the persons who perform services at the establishment, as employees, independent contractors and other agents, including the names and residential addresses for each person along with either: 1. A copy of the state massage therapy license issued by the state; 2. A copy of the license or certificate issued by an organization recognized by the state as providing an exemption under the Act; 3. Other proof of exemption under the Act; 4. A copy of photo identification issued by the state or federal government. B. The licensee, the owner(s) and any person designated by the licensee as a supervisor of a licensed bodywork establishment shall update the register required by this Section and shall supply the updated information contained in the register to the City when the information changes, and no person shall be allowed to perform bodywork services on patrons at the premises who are not listed in the register or for which the updated information has not been provided to the City. C. The register required by this Section shall be located and available at the bodywork establishment for inspection by representatives of the City at all times during regular business hours. D. It shall be unlawful for any bodywork establishment to allow any person to engage in massage or bodywork services or provide massage or bodywork services in the establishment unless: a. The massage license or equivalent license or certificate for that person is displayed as provided in Section 3-9-9; and Ordinance No. 2018-___ Page 15 b. The information required to be maintained by this Section is in the register is current and any updated information has been supplied to the City. E. It shall be unlawful for any massage or bodywork establishment to allow any person to engage in any conduct that is in violation of the Act or this Chapter. 3-9-11. Conditions and Restrictions of Licenses. A. Separate License for each Premise. Licenses shall apply only to the premises described in the application, and the license issued thereon, and only one location shall be so described in each license. B. Transfer of License. A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided in this Chapter, and shall not constitute a property interest. No bodywork establishment license is transferrable, separate or divisible, and such authority as license confers shall be conferred only on the licensee named therein. C. Minors Prohibited. No establishment or person licensed under the provisions of this Chapter shall permit any person under the age of eighteen (18) to come or remain on the premises of any massage or bodywork establishment including employees and patrons unless accompanied by or with the written consent of the adult parent or legal guardian of the minor. Persons under the age of eighteen (18) may patronize the establishment only with the presence or written consent of their parent or legal guardian. D. Alcoholic Beverages Prohibited. No person shall sell, give, dispense, provide, keep, possess or consume, or cause to be sold, given dispensed, provided, kept, possessed or consumed, any alcoholic beverage on the premises of any massage or bodywork establishment without a valid liquor license, and no liquor shall be sold, offered or consumed in the rooms in which bodywork services are performed unless the room is open to the public. E. Solicitations Prohibited. No massage or bodywork establishment or person in connection therewith shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture, or statement in any manner and in any medium of advertisement which is known to be false, deceptive or misleading in order to induce any person to purchase or utilize any services, or which reasonably appears to suggest or imply any sexual activity in connection with services or which appear on any adult website or website or other platform that is known to advertise pornographic, sexual or similar services or products. No massage or bodywork establishment may solicit, distribute or cause to be distributed any pamphlet, flyer, booklet, circular or brochure advertising its services on streets, sidewalks, rights-of-way, parks or any other area open to the public including entrances to businesses, offices or any building no matter its use. Ordinance No. 2018-___ Page 16 F. Hours of Operation. No portion of any business premises used in any way for or by a massage or bodywork establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. of the following day. G. Inspections. The Chief of Police or his or her authorized representative may from time to time make an inspection of each massage or bodywork establishment and the books and records of the bodywork establishment for the purposes of determining that the provisions of this Chapter are fully complied with. It shall be unlawful for any licensee to fail to allow access to the premises for inspection or hinder an authorized City agent who is performing an inspection in any manner. This provision does not authorize or require a licensee, business or employee or agent of the business to violate HIPAA, other privacy laws or the privacy of any patron, and inspections shall be conducted in such a way as to avoid any HIPAA violations, violations of other privacy laws or violations of the personal privacy of patrons. H. Residence Prohibited. No one shall reside in a massage or bodywork establishment, and no one shall be allowed to remain overnight in the premises. This prohibition is not intended to prohibit anyone from living in a separate portion of a commercial building that is zoned and authorized for residential use or from conducting massage or bodywork services out of private residential property that is zoned for residential use and is being used in compliance with zoning laws. I. Open Door during Business Hours. The main entry to the massage or bodywork establishment, other than single rented rooms in buildings with multiple tenants that are not performing bodywork services, shall be open and unlocked all hours that the bodywork establishment is open for and doing business, including all hours that the bodywork establishment is advertised to be open for business and/or services are performed in the premises. J. Open Sign. A sign indicating the premises is open for business shall be maintained at all times that massage or bodywork services are being provided, and a sign indicating that the premises is not open for business shall be maintained at all times the premises is not open for business. K. Public Access. Every massage or bodywork establishment that operates on the first floor of a building with direct access from outside the building shall separate the area of the premises in which massage or bodywork services are performed from a public reception and/or waiting room area, and the public entrance to the establishment shall be open and unlocked during all of the hours that an establishment is open or advertised to be open to the public while massage services are being performed. L. Effect of Revocation. No massage or bodywork establishment license shall be issued to any applicant, business or any owner if the applicant, business or any Ordinance No. 2018-___ Page 17 owner has had any involvement in a business to which a similar license has been revoked, and property shall be eligible for a massage or bodywork establishment license in the City if a massage or bodywork license has been revoked at any time in the previous five (5) years on that property or any other property owned or rented by the owner or landlord of that property in the City. 3-9-12. Sale, Transfer or Sale of Establishment: Upon the sale, transfer or relocation of bodywork establishment, the license, therefore, shall become immediately null and void, and a new license shall be required if a successor massage or bodywork establishment is intended in the same location. Upon the death or incapacity of the licensee or any co-licensee of the massage or bodywork establishment, any heir or beneficiary of a deceased licensee, or any guardian of an heir or beneficiary of a deceased licensee, may continue the business of the bodywork establishment for a reasonable period of time not to exceed sixty (60) days to allow for the approval of a new license. 3-9-13. Prohibited Acts and Conditions: A. No person shall conduct or operate a massage or massage or bodywork establishment without first obtaining and maintaining a bodywork establishment license as required by this Chapter unless exempted by Section 3-9-3 of this Chapter. B. No person shall operate or conduct any bodywork establishment that does not comply with all of the terms and conditions of Section 3-9-11 of this Chapter. C. No person having a license under this Chapter shall operate under any name or conduct business under any designation not specified in that license or permit. D. No person shall advertise, promote, or refer to him or herself as a “massage therapist” as herein defined without qualifying and being licensed by the state as a massage therapist pursuant to the Act. E. No person or message establishment shall advertise or hold themselves out in any way, including in the signage of the premises and printed materials, using the terms "massage", "massage therapy" or "massage therapist" unless that person is massage therapist having a current license issued by the state in compliance with the Act or that establishment employs a person who is a massage therapist having a current license issued by the state in compliance with the Act; providing that this prohibition does not apply to licensed professionals who are allowed to include massage in their scope of practice. F. A patron’s sexual and genital areas, as defined herein, must be covered by towels, sheets, cloths or similar nontransparent garments or materials when in the presence of a massage or a bodywork practitioner or employee. Ordinance No. 2018-___ Page 18 G. No person, knowingly, in a massage or bodywork establishment, shall expose or fail to conceal his or her sexual and genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, knowingly, in a massage or a bodywork establishment, to expose the sexual or genital parts, or any portion thereof, of any other person. H. No person, knowingly, in a massage or bodywork establishment, shall place his or her hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital area of another person, except as authorized for a licensed massage therapist in keeping with the provisions of the Act in the treatment of post-surgery mastectomy and lymphatic drainage patients. I. No person shall perform or offer or agree to perform any act, whether or not for compensation in any form, which would require the touching of the patron’s sexual or genital area, except as authorized for a licensed massage therapist in keeping with the provisions of the Act in the treatment of post-surgery mastectomy and lymphatic drainage patients. J. No massage or bodywork establishment shall obstruct the windows at the entrance, reception area or other area open to the public of the massage or bodywork establishment, and such windows shall be maintained to provide an open and clear view into the public areas of the massage or bodywork establishment. K. No person shall commit or permit any gratuitous sexual activity or sexual activity for payment on the premises, or the solicitation of gratuitous sexual activity or sexual activity for payment, or any procedure during the performance of services that are performed for the purpose of or is reasonably to be expected to cause sexual arousal or gratification of any person, or the trafficking of persons or controlled substances or cannabis on the premises or in connection with a massage or bodywork establishment. L. No licensee or business licensed under this Chapter shall knowingly hire or retain or allow massage or bodywork services to be performed on the premises by any person who has been convicted of a crime involving sexual activity, independent contractor or other agent , and no property owner or landlord shall knowingly rent to a person who has been convicted of a crime involving sexual activity or who hires or retains a person or allows bodywork services to be performed by a person who has been convicted of a crime involving sexual activity. M. No person shall violate any of the provisions of the Act or of this Chapter. Any act or failure to act of an employee, a person performing massage at or on behalf of a massage establishment as an independent contractor or otherwise, or an agent of the licensee with respect to the licensed business shall be deemed to be the act of the licensee. The licensee and individual committing a violation are jointly and severally liable for any fines or penalties assessed pursuant to this Chapter. Ordinance No. 2018-___ Page 19 3-9-14. Enforcement: The Chief of Police, police department and community development department shall have the authority and the duty to enforce the provisions of this Chapter and to delegate enforcement authority as the Chief of Police deems necessary and appropriate for the health, safety and welfare of the public. 3-9-15. Suspension without a Hearing: If the Chief of Police has reason to believe that any of the following circumstances exist, a massage or a bodywork establishment license may be suspended upon the issuance of a written order stating the reason for the suspension without prior notice or hearing for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; provided that, if the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to the other business. A license may be suspended temporarily without hearing for the following reasons: A. Continued operation of the licensed premises will immediately threaten the welfare of the community; B. Massage or bodywork services are being performed in the premises, but no person employed by the business has a valid state massage therapy license or is validly exempted from licensing under the Act; C. A person who manages, supervises is employed by or was present at the massage or bodywork establishment has been arrested and charged with any criminal activity in connection with the massage or bodywork establishment or is otherwise charged with any conduct involving sexual activity. 3-9-16 Revocation or Suspension; Hearing Procedure; Fines and Costs: A. Citations or notices of violation of this Chapter shall be given to the licensee in writing, and shall include the following information: 1. A summary of the alleged violations; 2. The right of the licensee to a hearing and presentation of evidence in the licensee’s defense; 3. Setting a hearing date after notice as mandated by Title 1, Chapter 14 of the City Code; 4. The right of the licensee to be represented by legal counsel; 5. A finding of a violation may result in suspension or revocation of the license and/or fines; Ordinance No. 2018-___ Page 20 6. If the licensee does not appear for the hearing, a determination shall be made in the licensee’s absence. B. Citations or notices shall be given by: 1. Hand delivery to the licensee or any agent or employee of the licensee at the licensed premises, or posted on the door of the licensed premises of the massage or bodywork establishment during business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, if the door to the premises is locked and/or the premises is not open for business during those times; or, 2. By certified and regular mail addressed to (a) the licensee or to any partner, member, shareholder or other person having at least five percent (5%) of the ownership interest in the bodywork establishment, (b) the person designated as the manager or supervisor of the premises or (c) the local registered agent at the address reflected in the application on file with the City, and any such notice shall be deemed delivered on the second day after the day it was placed in the U.S. mail. If the certified mailing is unclaimed, but the regular mailing is not returned to the City as undeliverable, the notice shall be assumed to have been received. C. Hearings shall be open to the public, and the licensee shall be given an opportunity to hear the charge and the testimony and evidence in support of the charge, cross examine any witnesses called in support of the charge, and present evidence, testify and witnesses in defense of the charge. D. The City‘s Hearing Officer appointed in accordance with Chapter 14 of the City Code shall preside over any hearing. E. Within ten (10) days after the hearing, the Hearing Officer shall issue a determination in writing and serve it on the licensee by hand delivery or mail as provided in subsection C of this section, indicating whether a violation is found to have occurred and the details of any order of suspension, revocation or fines imposed. F. The written determination of the Hearing Officer shall be final and appealable to the local circuit court. G. In addition to any suspension, revocation or fine, the Hearing Officer shall determine the costs incurred by the City for the enforcement of this Chapter and hearing, including but not limited to, attorney fees, court reporter fees, fees incurred by the City, Chief of Police and the Hearing Officer, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City or such lesser sum as the Hearing Officer may allow, and the licensee who has been found in violation of this Chapter shall pay the costs assessed by the Hearing Officer. Ordinance No. 2018-___ Page 21 H. The licensee shall pay fines and costs to the City within thirty (30) days of notification of the fines costs by the Hearing Officer. Failure to pay such costs within thirty (30) days of notification is a violation of this Chapter and may be cause for license suspension or revocation, or the levy of a fine. A period of suspension shall not lapse if any fines or costs remain unpaid. I. If a massage or bodywork establishment license is revoked for any cause, no massage or bodywork establishment license shall ever be granted by the City to the owners of the business for which the license was issued or be granted for the property on which the premises was located for which the revoked license was issued, for a period of five (5) years after the date of the revocation that will allow a massage or bodywork establishment to be operated on the premises described in the revoked license unless the revocation order has been vacated by court order. 3-9-18 Cause for Suspension, Revocation and/or Fines A massage or bodywork establishment license may be revoked or suspended and/or a fine may be imposed after a public hearing if it is found that: A. The licensee has violated any one or more of the provisions of this Chapter; B. Any employee of the licensee, including a massage therapist, or bodywork practitioner, has engaged in any conduct at the licensee’s premises that violates any provision of this Chapter and the licensee knew or by due diligence should have known of such conduct; C. Any applicant for a massage or bodywork establishment license has made a false statement on the application; D. A licensee has refused to allow any duly authorized police officer, county law enforcement officer, local code enforcement officer or health inspector to inspect the establishment premises; E. The premises of the establishment are at any time not in compliance with the City building, health or fire codes; F. The premises of the establishment are not in compliance with any of the conditions and restrictions set forth in Sections 3-9-11 and 3-9-13 of this Chapter; G. The license holder has committed an act(s) of fraud or deceit in the application for license or application for renewal thereof; H. The license holder is engaged in the practice of massage or bodywork under a false or assumed name, or is impersonating a massage therapist of a like or different name; Ordinance No. 2018-___ Page 22 I. The license holder commits or permits an act of fraudulent, false, misleading or deceptive advertising, or prescribing medicines, drugs, or engaging in the practices of any licensed profession without legal authority therefore in connection with the establishment; J. The license holder commits or permits any gratuitous sexual activity or sexual activity for payment on the premises or elsewhere commits or permits the solicitation of gratuitous sexual activity or sexual activity for payment or commits or permits any procedure during the performance of services that are performed for the purpose of or is reasonably to be expected to cause sexual arousal or gratification of any person, or commits or permits the trafficking of controlled substances or cannabis on the premises or in connection with establishment; K. A license holder conducts or permits massage or bodywork activities in the City during a period of time when the license holder’s license is suspended or the license holder reasonably should have known the massage or bodyworks activities are being conducted while the license is suspended; L. A license holder is delinquent in payment to the City for ad valorem taxes of any other taxes, fees or costs owed to the City. 3-9-18. Incorporation of the Massage Licensing Act: All of the terms of the Illinois Massage Licensing Act are incorporated herein and adopted hereby as material components of this Chapter; the provisions of this Chapter shall be interpreted and applied in harmony with the Act; and the all of the provisions of the Act shall be enforced as provisions of the City Code except to the extent that the City is preempted by the Act in respect to the regulation of massage therapy and licensing of massage therapists. Ordinance No. 2018-___ Page 23 This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2018. ______________________________ CITY CLERK CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2018. ____________________________________ MAYOR Attest: ______________________________ CITY CLERK Chapter 9 MASSAGE ESTABLISHMENTS 3-9-1: DEFINITIONS: For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively: APPROVED MASSAGE SCHOOL: A facility as defined in section 10 of the massage licensing act1. EMPLOYEE: Any person over eighteen (18) years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. LICENSEE: The person to whom a license has been issued to own or operate a massage establishment. MASSAGE: Massage or massage therapy as defined in section 10 of the massage licensing act2. MASSAGE ESTABLISHMENT: Any establishment having a source of income or compensation derived from the practice of "massage" as defined in this section and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in this section. MASSAGE THERAPIST: A person as defined in section 10 of the massage licensing act3 and may be described in this chapter as massagist, masseur or masseuse. PATRON: Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. SEXUAL OR GENITAL AREA: Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female. (Ord. 2014-19, 5-13-2014) 3-9-2: LICENSE REQUIRED: A. Business License Required: No person shall engage in or carry out the business of massage for compensation unless he/she has a valid massage establishment business Page 1 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php license issued by the city for each and every separate office or place of business conducted by such person. B. Massage Therapist Requirements: No person shall engage in massage for compensation unless he/she has a valid license issued by the massage licensing board of the department of financial and professional regulation. (Ord. 2014-19, 5-13-2014) 3-9-3: EXEMPTIONS: The licensing requirements of this chapter shall not be applicable to: A. Hospitals, nursing homes and persons holding an unrevoked certificate to practice the healing arts under the laws of the Illinois department of professional regulation, including, but not limited to, chiropractors, naprapaths, nurses, occupational therapists, physical therapists and physicians. B. Any barber, cosmetologist or nail technician lawfully carrying on their respective business to the extent authorized under a valid unrevoked license or certificate or registration issued by the state. Provided, this exemption is only intended to permit normal and customary barber, cosmetologist or nail technician services which involve incidental physical contact, such as scalp rubs and facials, which otherwise qualify as massage activities. This exemption is not intended to include, and does not permit, general massage activities as part of any barber, cosmetologist or nail technician business beyond that authorized by the state license or certification. C. Any state registered athletic trainer who administers such athletic related massage in the normal course of training duties. D. A business which employs or includes not more than one massage therapist shall not be required to apply for or obtain a massage establishment license. Such exempt business must be located in a structure which contains no more than one room where massage activities are performed. Except for businesses which operate separate and distinct hours of operation, such exempt businesses must also be the sole massage activity within such structure. Under no circumstances shall more than two (2) exempt businesses be permitted in any structure. Provided further, a state massage therapist's license shall be required for the individual massage therapist performing massage activities in such exempted business. Page 2 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php E. Where massage services are actually performed at the patron's premises, including the patron's place of business or residence, a massage therapy clinic license shall not be required for such patron's premises. However, a state massage therapist's license shall be required for the massage therapist performing massage activities in such patron's premises. (Ord. 2014-19, 5-13-2014) 3-9-4: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: A. An application for a license required by this chapter shall be made in writing under oath to the city clerk on a form prescribed by the city clerk. All references to the city clerk in this chapter shall be deemed to include the city clerk or his or her authorized designee. Each application shall include, but not be limited to, the following information: 1. The name of the individual, partnership, corporation or association applying for a license. 2. The residence, phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence, phone number and driver's license number of the officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock. 3. The location for which the license is requested. 4. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. 5. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. 6. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the city or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. 7. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. Page 3 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php B. The applicant for a massage establishment license required by this chapter shall pay the city clerk at the time of filing an application, a license fee of two hundred dollars ($200.00) per calendar year. If at the time application is made for a license and less than six (6) months of the current license year shall have expired, the full license fee shall be charged. If more than six (6) months of such current year shall have expired, a license fee of one-half (1/2) the full fee shall be charged. C. Each applicant shall be required to submit to fingerprinting by the police department in connection with the application for a license. The applicant shall pay the fee as set by the Illinois state police for fingerprint submissions. D. Upon receipt of an application for a license under this chapter, the city clerk shall cause a copy thereof to be sent to the chief of police and the community development director, both of whom shall report back to the city clerk in thirty (30) days whether the applicant is in accordance with applicable city codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. (Ord. 2014-19, 5-13-2014) 3-9-5: ISSUANCE OF LICENSE FOR ESTABLISHMENT: Upon approval of the chief of police and community development director, the city clerk shall issue a license for a massage establishment if all requirements for a massage establishment described in this chapter are met unless it finds: A. The correct license fees have not been tendered to the city, and, in the case of a check, or bank draft, honored with payment upon presentation. B. The operation, as proposed by the applicant, if licensed, would not comply with all applicable laws, including, but not limited to, the city's building, zoning, and health regulations. C. 1. The applicant, if an individual, or any of the stockholders holding more than five percent (5%) of the stock of the corporation, any of the officers and directors, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien, of any nature, upon the business and the equipment used therein, and the manager or other person principally in charge of the operation of the business, have Page 4 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php been convicted of any of the following offenses or convicted of an offense outside the state that would have constituted any of the following offenses if committed within the state: a. An offense involving the use of force and violence upon the person of another that amounts to a felony. b. An offense involving sexual misconduct. c. An offense involving narcotics, dangerous drugs, or dangerous weapons that amounts to a felony. 2. The city may issue a license to any person convicted of any of the crimes described in subsection C1a, C1b or C1c of this section if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor or convictions for crime mentioned in this section. D. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the city. E. The applicant has had a massage business, masseur, or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five (5) years prior to the date of the application. F. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. (Ord. 2014-19, 5-13-2014) 3-9-6: APPROVAL OR DENIAL OF APPLICATION: The city shall act to approve or deny an application for the license under this chapter within a reasonable period of time and in no event shall the city act to approve or deny the license later than ninety (90) days from the date that the application was filed with the city clerk. (Ord. 2014-19, 5-13-2014) 3-9-7: POSTING OF LICENSE: Page 5 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php A. Every massage therapist shall post his or her state license in his/her work area. B. Every person, corporation, partnership, or association licensed under this chapter shall display such license in a prominent place. (Ord. 2014-19, 5-13-2014) 3-9-8: REGISTER OF EMPLOYEES: The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time as massage therapists and their state licenses. The register shall be available at the massage establishment to representatives of the city during regular business hours. (Ord. 2014-19, 5-13-2014) 3-9-9: FACILITIES NECESSARY: No license to conduct a massage establishment shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements: A. Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof and shall be installed in accordance with the city building code. Plumbing fixtures shall be installed in accordance with the city plumbing code. B. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains. C. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. D. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. These nondisposable instruments and materials shall be disinfected after use on each patron. Page 6 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php E. Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels, and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. F. All plumbing shall meet the requirements set forth in the Illinois state plumbing code. G. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. H. All electrical equipment shall be installed in accordance with the requirements of the city electrical code. (Ord. 2014-19, 5-13-2014) 3-9-10: OPERATING REQUIREMENTS: A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. C. All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments covering the sexual and genital areas. These garments shall be restricted to the massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. D. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use and stored in a sanitary manner. Page 7 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php E. No massage establishment granted a license under the provisions of this chapter shall place, publish, or distribute any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive, or misleading in order to induce any person to purchase or utilize any professional massage services. (Ord. 2014-19, 5-13-2014) 3-9-11: ALCOHOLIC BEVERAGES PROHIBITED: No person shall sell, give, dispense, provide, or keep any alcoholic beverage on the premises of any massage business. (Ord. 2014-19, 5-13-2014) 3-9-12: EMPLOYMENT OF MASSAGE THERAPIST: No person shall employ as a massage therapist any person unless the employee has obtained and has in effect a license issued by the massage licensing board of the department of financial and professional regulation. (Ord. 2014-19, 5-13-2014) 3-9-13: INSPECTION REQUIRED: The chief of police or his authorized representatives shall from time to time make inspection of each massage establishment for the purposes of determining that the provisions of this chapter are fully complied with. It shall be unlawful for any permittee to fail to allow the inspection officer access to the premises or hinder the officer in any manner. (Ord. 2014-19, 5-13-2014) 3-9-14: UNLAWFUL ACTS: A. It shall be unlawful for any person, in a massage parlor, to place his or her hand or hands on, to touch with any part of his or her body, to fondle in any manner, or massage, a sexual or genital part of another person. Page 8 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php B. It shall be unlawful for any person, in a massage parlor, to expose his or her sexual or genital parts, or portion thereof, to any other person. It shall also be unlawful for any person, in a massage parlor, to expose the sexual or genital parts, or any portions thereof, of any other person. C. It shall be unlawful for any person, while in the presence of any other person in a massage parlor, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body. D. It shall be unlawful for any person owning, operating or managing a massage parlor, knowingly to cause, allow, or permit, in or about the massage parlor, any agent, employee, or any other person under his or her control or supervision to perform such acts prohibited in this section. (Ord. 2014-19, 5-13-2014) 3-9-15: SALE, TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer, or relocation of a massage establishment, the license shall be null and void unless approved as provided in section 3-9-6 of this chapter, provided that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the massage establishment for a reasonable period of time not to exceed sixty (60) days to allow for an orderly transfer of the license. (Ord. 2014-19, 5-13-2014) 3-9-16: NAME AND LOCATION OF BUSINESS: No person granted a license pursuant to this chapter shall operate the massage establishment under a name not specified in his license, nor shall he/she conduct business under any designation or location not specified in his/her license. (Ord. 2014-19, 5-13-2014) 3-9-17: TRANSFER OF LICENSE: No license shall be transferable except with the consent of the city. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in section 3-9-4 of Page 9 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php this chapter. The written application for transfer shall contain the same information as requested for initial application for the license. (Ord. 2014-19, 5-13-2014) 3-9-18: ZONING: Massage parlor establishments shall be allowed as permitted uses in the B-1 local business district, B-2 retail commerce business district, B-3 general business district and B-4 service business district. (Ord. 2014-19, 5-13-2014; amd. Ord. 2014-73, 11-25-2014) Page 10 of 10Sterling Codifiers, Inc. 12/27/2017http://www.sterlingcodifiers.com/codebook/printnow.php Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #1 Tracking Number ADM 2018-07 AACVB Marketing Plan City Council – January 23, 2018 ADM – 01/17/18 Moved forward to City Council agenda. ADM 2018-07 Majority Approval See attached memo. Bart Olson Administration Name Department Summary Review of a municipal marketing plan from the AACVB. Background The City last reviewed a municipal marketing plan in February 2017. That approved marketing plan and the resulting ads are included in the meeting packet. Staff met with AACVB representatives a couple weeks ago in advance of their written recommendation on the 2018 marketing plan. The proposed 2018 marketing plan from the AACVB is attached. The AACVB is recommending that the 2018 plan contain $10,000 worth of digital marketing. In 2017, the AACVB did some social media, Yorkville-specific marketing, but the overall budget was much less than the 2018 proposal and the City was not charged for the digital ads. The AACVB is proposing to continue ads in the Chicago Reader, some Illinois regional newspapers (i.e. Journal & Topics), and the AACVB’s Go Guide. They have proposed to add pieces in Naperville Magazine and Neighborhood Tourist Magazine, and drop pieces that ran in Illinois Country Living and the Chicago Magazine Go West! Guide. AACVB Director of Marketing James Cardis will be present at the meeting to go over each one of the ad buys and the overall plan. Recommendation Staff requests feedback on the AACVB plan. Staff is generally supportive of the 2018 marketing plan but has not had time to analyze it in depth prior to packet creation. If the committee agrees with the plan, the recommendation can be taken to the January 23rd City Council meeting for a vote. Memorandum To: Administration Committee From: Bart Olson, City Administrator CC: Date: January 11, 2018 Subject: AACVB Municipal Marketing Plan 2018 Yorkville Marketing Co‐op Plan Prepared by James Cardis, Director of Marketing Aurora Area Convention and Visitors Bureau – james@enjoyaurora.com – 630.256.3193 Marketing Plan Overview  The objective of this plan is to build on the success of the 2017 marketing co‐op. We will continue advertising on behalf of Yorkville in venues that attract interested travelers, and explore promotional opportunities in promising new outlets.  We will pursue audiences with varied interests to match Yorkville’s distinct offerings in the areas of dining, nightlife, festivals, outdoor recreation, and family fun.  The purchasing power of the Aurora Area CVB will benefit Yorkville in negotiating add‐ons, reducing advertising cost, and securing expanded placements in select venues. In 2017, the Aurora Area CVB saved over $7,000 on quoted advertising rates for Yorkville, plus an additional $5,300 savings in rack card distribution costs.  In 2018, we are introducing a mix of digital marketing tactics to promote the online visibility of Yorkville as a unique travel destination in the Western Suburbs.  Our plan targets a 60/40 split between print and digital advertising tactics for 2018. The total projected allocation for Yorkville’s co‐op marketing budget is $26,000. Proposed Outlets 2018 Aurora Area Go Guide  Full page ad in the Aurora Area CVB’s flagship destination marketing product  Dedicated Yorkville branded message delivered to a highly qualified audience of in‐market and prospective travelers  Projected spend: $2,300 Chicago Reader  Peak season insertions, including the annual Road Trip Guide, Summer Guide, and Fall Preview.  Markets Yorkville to a unique audience of young urban tastemakers willing to discover Yorkville’s nightlife, dining, and festival scene.  Projected spend: $5,500 Journal & Topics  Budgeted 8 insertions in J&T’s award‐ winning Travel section with a circulation topping 66,000  Projected spend: $2,000 Naperville Magazine  Budgeted for two (2) full page placements (or best package)  Circulation of 45,000+ to a relevant local staycation/day‐trip audience  Projected spend: $3,500 Neighborhood Tourist Magazine  Budgeted for two (2) full page placements (or best package)  Award‐winning product hits Shaw Media’s entire 90,000+ subscriber base  Projected spend: $3,500 Digital Marketing  Mix of dedicated social media advertising, search engine marketing, display advertising, content promotion, and retargeting on visits to www.GoYorkville.com.  Projected spend: $10,200 2017 Plan as authorized